Swift & Co. Packers v. Compania Colombiana Del Caribe, S. A.

I am forced to the conclusion that my brothers have erred in their statement of the law applicable to this type case. I further believe that they have been unable to visualize and comprehend the far reaching effect and import of their decision. For these reasons, and in order to record a more detailed statement of the essential facts alleged, I have found it necessary to review and set out pertinent portions of the pleadings.

The original libel reveals that respondent, Compañía Transmaritima Columbiana, South America, was the owner of two merchant vessels, the Cali and the Alacran. The Cali,…