United States v. Cia. Luz Stearica

This suit in admiralty against the United States, as owner and operator of the motor-ship Sweepstakes, involves a claim of damage by sea water to a shipment of flour. The trial court found that 3,087 bags out of a total of 10,500 contained in the shipment were in an extensively damaged condition from sea water when the flour was delivered to appellee as consignee at Rio de Ja-neiro. The question we shall consider is whether in the condition of the proof this finding is justified.

The parties are agreed that the problem is for determination do novo, the evidence bearing on the point being entirely •by deposition or by exhibits. The Ernest H. Meyer, 9 Cir., 84 F.2d 496 .

The flour was loaded at New York aboard the Sweepstakes on January 31, 1946, in apparent good order and condition. The Sweepstakes is a Wilmington-type C-2, a modern fully-welded cargo vessel of five holds, with forced-draft ventilation from the top of the king posts, and steel pontoon hatch covers on the weather decks. The testimony is that at the time of loading three tiers of criss-crossed dunnage were laid on the floor of each hold where this and certain other flour was stowed, bottom tiers being laid fore and…