Gulden v. Hijos De Jose Taya S. En C.

CHATFIELD, District Judge.

Libel has been filed to recover damages for part of a cargo of olives shipped on one of the respondent’s vessels from Spain to New York. On unloading, four hogsheads and two barrels were found to be injured; that is, the staves crushed in, so that the brine had leaked out and the contents had decayed or spoiled. The cargo was transshipped from one vessel to another at Cadiz, Spain, and, while the- respondent owned both vessels, the proof indicates that the damage occurred upon the steamer Asuarco, while on a voyage from Cadiz to New York.

There is testimony that the…