Aunt Jemima Mills Co. v. Lloyd Royal Belge

SWAN, Circuit Judge.

At the turn-out the bags were stained with yellow streaks on the outside, and the flour bad become so tainted by an odor of turpentine or pitch pine as to be unfit for human consumption. The shipment bad been received in “apparent good order and condition” and bad been stowed in bolds containing pine lumber. The District Court held that these facts justified the inference that the damage was due to bad stowage. 28 F.(2d) 398. The appellant contends that the court should never have passed on the merits, because the libelant bad not proved its right to sue. This presents an…