Griffin v. Davison Lumber Co.

MÓRTOÑ, District Judge.

The damage to the cargo of lumber seems to have been of two kinds: (1) That caused by water; (2) that caused by coal dust and dirt, which were carried up from the limbers of the vessel by the water which leaked in. Both the charter party and the bill of lading are in common form. For the injury caused by the coal dust and dirt, the vessel is, on the authorities, clearly liable. The Lizzie W. Virden (C. C.) 11 Fed. 903, 909; Dene, etc., Co. v. Tweedie, etc., Co. (D, C.) 133 Fed. 589; Id., 143 Fed. 854, 74 C. C. A. 606; The Southwark, 191 U. S. 1, 24 Sup. Ct. 1, 48 L. Ed.…