In all the cases where immunity from liability for damage by fire was held to be lost because of neglect of the owners, the courts have based their finding of neglect on the action of the owners or managing agents, or upon their failure to see that action was taken where it was their duty to act. The Elizabeth Dantzler, 263 F. 596; Hines v. Butler, 278 F. 877; Williams S.S. Co. v. Wilbur, 9 F.2d 622; Arkell Douglas v. United States, 13 F.2d 555; Bank Line v. Porter, 25 F.2d 843; Petition of Sinclair Navigation Co., 27 F.2d 606; United States v. Charbonnier, 45 F.2d 174; The Older, 1 F. Supp. 119 . In The Etna Maru, 20 F.2d 143, the District Court was of opinion that the fire statute did not confer immunity where the loss was due to unseaworthiness existing at the beginning of the voyage.

Appeal from the District Court of the United States for the Western District of New York. Libel by the Cuban-American Sugar Company against the steamship Older, etc., and Dampskibs Aktieselskabet Hassel (A.S. Rederiet Odfjell, manager). From decree holding ship liable for cargo damage ( 1 F. Supp. 119), the libelees appeal. Decree reversed; libel dismissed.