309. Carrier's liability for loss or damage to cargo.

309.     Carrier's liability for loss or damage to cargo.

To exempt the owner, it is not sufficient to prove that the loss or damage took place and that, at the same time, an excepted peril happened1; he must show that the loss or damage was proximately caused by the excepted peril2.

The fact that the proximate cause of the loss or damage is excepted will not avail the shipowner if its operation was induced by his negligence or misconduct3, unless the negligence or misconduct in question was itself expressly or impliedly excepted4. Where there is only one cause