NATIONAL SUGAR REFINING COMPANY v. Motorship Las Villas

WEST, District Judge.

National Sugar Refining Company brings this action in rem against the Motorship LAS VILLAS to recover for damages to a portion of a cargo of raw sugar shipped on the LAS VILLAS from Caibarien, Cuba to New Orleans, Louisiana. Libelant contends that the damage was caused by the unseaworthiness of the LAS VILLAS, and that the vessel is liable in damages because of a failure of its owner and claimant, Compania de Navegación Dalpha, S. A., to exercise due diligence to make the vessel seaworthy and thus avoid damage to her cargo. Respondent defends on the ground that the…