Bombace v. American Bauxite Co.

FOSTER, Circuit Judge.

Appellant filed a libel in personam against appellee, owner of the steamship Erederiksborg, to recover $442.17 for damages to 200 sacks of flour shipped on the said steamer from New Orleans to Peti Goave, Haiti, alleged to have been caused by sea water, through the negligence of the vessel. An exception to the original libel was sustained, with leave to amend, and appellant filed an amendment setting up the following provision of the bill of lading: “If there is opportunity to discover by examination before removal of the Goods that loss of contents or shortage of, ór…