Johnson v. The Portuense

On March 2, 1887, the British steamer Portuense arrived at New York from Para with a cargo of Brazil nuts. A large quantity belonging to the libelants, stowed in the lower hold under hatch No. 2, was found badly damaged, some 75 per cent, being worthless. This libel was filed to recover for the damages.

The bill of lading in its first part recites the receipt of the nuts at Para in good order. Afterwards it states, “ Quality and condition unknown.” Among the numerous exceptions are “damages arising from sweating, heat, steam,” etc. The testimony shows that it is usual for some sweat, heat, or…