Olavarria & Co. v. International Transp. Corp.

RIFKIND, District Judge.

West India Fruit and Steamship Company excepts to the libel on the ground that it fails to state a cause of action. The argument in support of the exception proceeded on the assumption that the libel alleged the loss of cargo as the result of unseaworthiness of the carrying vessel. Upon that assumption West India argued that the bill of lading annexed to the libel showed the contract between the shipper and the carrier to be one of private, and not common, carriage and that the carrier was, by the terms of the bill of lading, relieved of responsibility for loss…