Davidson v. Flood Bros.

DIETRICH, Circuit Judge.

By the decree below appellants (libelants) were denied recovery for damage from sea water to certain shipments of cork board carried on deck of appellees’ motorship Carriso on a voyage from Lisbon to San Francisco-. Ondeek stowage was pursuant to a clause in the bills of lading granting appellees “liberty to carry the goods and any other goods on deck or under deck.” And, the evidence being that cork board so carried is likely to be damaged to some extent by sea water, the sole question presented is whether the clause is within the denunciation of the Harter Act (27…