Orient S. S. Co. v. Mitsubishi Shoji Kaisha, Ltd.

SAWTELLE, Circuit Judge.

Based principally upon the alleged error of the court below in finding that the appellant’s motorship was unseaworthy and that due diligence had not been exercised in that regard, this is an appeal in an admiralty cargo damage suit from an interlocutory decree in favor of the libelant appellee.

The appellee was the purchaser and consignee of a shipment of ammophos fertilizer, part of which was damaged by sea water while on board the appellant’s motorship Lidien in transportation from New York to Japan.

There was no trial or oral argument in the lower court. The entire…