297 F. 457 | 2d Cir. | 1924
Libelants are the owners and consignees of about 80 bales of .cork discs, carried as cargo by the Lopez from Cadiz to New York. It is alleged and proved that the discs were received aboard in apparent good order and condition; i. e., the bales externally were clean and dry. They were delivered in New York, according to the steamer’s delivery record, showing “more or less oil stain,” and by uncontradicted evidence for libelant olive oil had freshly soaked into and through the burlap covering, had come into contact with the cork, and wrought considerable injury, to recover for which this suit was brought.
The bill of lading contains the exception, “Not responsible * * * for damage caused by other goods,” and it is shown by evidence, also uncontradicted, that the appearance of the bales on delivery seemed to justify the inference that they had been too near leaky containers of olive oil, and the Lopez carried olive oil on the voyage in question.
Defense indicated by the record is twofold. Evidence for the ship asserts that, although there were cork discs carried in the hold, where olive oil also was stowed, these particular bales were placed in the second cabin dining saloon — a space not devoted to passengers on this voyage. There was nothing else in the saloon space, except mails and cork. This
The second defense rests on the quoted clause of the bill of lading. Argument is that oil damage must have been caused by other goods; i. e., leaking oil containers. Therefore the exception covers. Further, that there is no evidence of negligent stowage. Therefore the exception, being good, must apply. ‘
Thus liability exists here by the general maritime law. We have not rested decision on the Harter Act (Comp. St. §§ 8029-8035), which might be invoked.
Decree affirmed, with costs.