Smith v. Anchor Lines, Ltd.

These are two actions, in each of which the plaintiff sues to recover damages for breach of two separate contracts of carriage, under which there were delivered two shipments of pears aboard the steamship Caledonia and the steamship Carinthia on September 7 and 8, 1927, respectively. The contracts between the parties provided for the stowage of the pears in a refrigerator compartment aboard each of the vessels, the temperatures to be maintained therein to be from thirty-five degrees to forty degrees. There seems to be no dispute that, if at the time the fruit was stowed *327in the defendant’s…