The Carriso

KERRIGAN, District Judge.

This is a libel for damage to certain cork hoard shipped from Lisbon to San Francisco as deck load on the motorship Carriso. The cork board arrived in a damaged condition, the damage being due to sea water. The bill of lading provided that the ship had “liberty to carry the goods and any other goods on deck or under deck.” Libelants urge that this clause is invalid, because it is in conflict with the Harter Act, and deprives the shipper of his right to recover for cargo damage under that act. They also contend that, if the option for deck stowage be construed to be…