Kerbuish v. Havermeyers & Elder Sugar Refining Co.

The Hampshire and the Ixia were both chartered by the respondent for the transportation of sugar. The shortage in weight of the sugar delivered is not 1 per cent, upon the amount stated in the bills of lading. This is so small that, considering the liability of sugar to vary from inherent quality, it affords no presumption of neglect of duty on the part of either ship in transportation. No allowance can be made, therefore, merely.for this difference in weight. But the ship is accountable for the number of bags that she received on board. There ought to be no shortage on these. There is no…