Granadaisa Foods, Inc. v. Compania De Navegacao Carregadores Acoreanos

BYERS, District Judge.

This is a cargo damage case involving 5,759 wooden cases containing sardines in cans carried on respondent’s ship Pero de Alenquer to be called Pero, from Portimao, Portugal, to New York. The date of departure was December 24, 1948, and of arrival, was January 17, 1949.

There was a conceded shortage of two cases, and respondent consents to a decree for libelant in the sum of $125 and costs to October 14, 1955.

The question for decision is whether the proof shows that the carrier is to be held liable by reason of the condition of roughly two-thirds of the eases and the tins…