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CIA. v. UNITED STATES

November 17, 1949

CIA. LUZ STEARICA
v.
UNITED STATES



The opinion of the court was delivered by: BOWEN

Libel in personam and in rem by libelant against respondent shipowner to recover for damage and loss occurring to wheat flour in sacks shipped for the account of libelant on board respondent's vessel Sweepstakes from New York to Rio de Janeiro.

Libelant alleged delivery of the flour on board said vessel in good order and condition and that respondent agreed to carry the flour on said vessel and to deliver it at destination in like good order and condition as when shipped; that a part of the flour was delivered at destination but not in like good order and condition as when shipped because of damage from contact with water; and that the missing flour was not delivered at Rio de Janeiro or any other port.

 Respondent denied the flour was discharged from the vessel in a damaged condition and denied any of it was missing or short delivered at destination and affirmatively alleged its own and the vessel's freedom from fault and that any damage or loss sustained by or to the flour was the result of one of the causes excepted in the bills of lading and in the Carriage of Goods by Sea Act, 46 U.S.C.A. 1300 et seq., and that any loss or damage to the flour was caused solely by events beyond respondent's and the vessel's control subsequent to discharge of the flour from the vessel.

19491117

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