Liverpool & Great Western Steam Co. v. Suitter

This action is brought to recover freight, amounting to 8879.75, alleged to he due for the transportation, in the steam-ship Wyoming, of a shipment of oranges and lemons consigned to the defendants.

Against the.demand for freight the defendants set up, by way of recoupment, damage to the fruit, caused by frost while on the pier, after it had been landed from the steamer, exceeding the freight in amount. Whether the ship-owner is liable for the damage referred to is the question to be determined.

*696The fruit was transhipped at Liverpool to the W-yoming, and transported in her to the port of New…