Everett Pulp & Paper Co. v. Mccormick S. S. Co.

BOWEN, District Judge.

Action for cargo damage. Exceptions to amended libel.

The cause of action of the amended libel is predicated upon alleged wrongful on-deck stowage contrary to any stowage right of the carrier under a contract of carriage alleged to be a “clean bill of lading” calling for under-deck stowage. But libelant’s stipulation setting forth a copy of the bill of lading amends the amended libel by showing from the bill of lading itself that “ * * * the right to carry said merchandise on deck or under deck * * * ” is expressly reserved to the carrier (see first un-numbered paragraph…