Spang Chalfant & Co. v. Dimon SS Corporation

L. HAND, Circuit Judge.

The libelants libeled the claimant’s ship Pacific Pir for damage to parcels of the cargo of that ship, on a voyage from Baltimore to Los Angeles; the claimant countered with a cross-libel in general average. The damage was incidental to putting out .a fire which started in charcoal stowed in the same hold with the libelants’ goods. Under section 182 of title 46, U. S. Code (46 USCA § 182), the ship would have a defense if the fire was not caused by “design or neglect,” and that would be a preliminary issue. But it is not material to the cross-libel. Under The Irrawaddy,…