Koppers Connecticut Coke Co. v. James McWilliams Blue Line, Inc.

SWAN, Circuit Judge.

This appeal presents only the question whether section 3 of the Harter Act (46 U. S.C.A. § 192) is applicable to the owner of a vessel transporting merchandise as a private carrier when the contract of carriage contains no reference to the act.

The facts were stipulated. James Mc-Williams Blue Line, Inc., the respondent, orally agreed with Koppers Connecticut Coke Company, the libelant, to carry a cargo of coke from New Haven, Conn., to Brooklyn, N. Y., upon the respondent’s barge Blue Crest at a stated rate per gross ton. After the libelant’s coke was laden, the master of…