Warner Barnes & Co. v. Kokosai Kisen Kabushiki Kaisha

L. HAND, Circuit Judge.

This is the usual case for cargo damage: it concerns certain parcels of “centrifugal” sugar, shipped in bags in the Philippines, and delivered by the respondent’s ship, “Glasgow Maru”, at Philadelphia and Savannah in the month of May, 1934. The issues, as finally limited by the parties, are whether the sugar was shipped in good condition; and if so, whether it was properly ventilated — wind and sea permitting —during the voyage. A subsidiary question is whether the ship was overloaded; but this is relevant only so far as it might be thought to add to the probability…