Robinson v. Franklin Sugar Refining Co.
District Court, E.D. Pennsylvania
This was a libel by Joseph Robinson & Sons, owners of the steamship Ixia, against the Franklin Sugar Refining Company, to recover a balance of freight alleged to be due upon a cargo of sugar.
1Opinion of the Court
BUTLER, District Judge.
The suit is for a balance of freight due on a cargo of sugar, carried under charter party. On delivery a portion of it was found to have been damaged, by reason of the bags being stowed directly on the “ceiling” of the hold. The respondents paid §6,699.17 on account of freight, retaining §163 to cover the damages sustained. The answer sets up two sources of claim to damage, first, humidity or dampness of the hold, and secondly, stowage on ceiling of the hold. It is clear, however, that the only just ground of complaint, if any exists, is the latter, improper stowage —…
2Cited by1 opinion
- Bethel v. Mellor & Rittenhouse Co.District Court, E.D. Pennsylvania · 1904