E. I. Dupont De Nemours & Co. v. American Hawaiian S. S. Co.

KERRIGAN, District Judge.

The essential question in this case is whether due diligence was used in inspecting the top of double bottom tank No. 5 of the steamship Columbian at Boston when hold No. 3 was clear of cargo. After the call of the vessel at Boston cargo was loaded in hold No. 3, and the Columbian proceeded to the West Coast. At Boston tank No. 5 was full of fuel oil. At the Panama Canal this oil was pumped out and into the deep tank for use. At San.Pedro the deep bottom tank, No. 5, was refilled, and as it filled oil leaked out through a rivet hole, causing the damage to cargo made a…