Tri-Valley Packing Association v. States Marine Corp. Of Delaware, Hunt Foods, Inc. v. S. S. Celestial, Etc.

These consolidated suits were brought by sundry shippers to recover for claimed sweat damage to cargoes of canned goods shipped from sundry Pacific coast ports on the SS Celestial, operated by appellee States Marine Corp. of Delaware, to ports on the Gulf of Mexico in the month of February, 1956. It was shown that clean bills of lading were issued for these cargoes and it was proven that when they were delivered at the ports of Tampa, Mobile and New Orleans, portions thereof were found to be wet and damaged. Some of the loading at Vancouver, Stockton and Oakland, had occurred during the rain.

It was conceded that the cargo in question was damaged by sweat in transit. The court found that shippers had “offered their goods in carriageable condition” ; that they “delivered their goods for shipment in a carriageable” condition ; that the sweaty condition of these goods, when they arrived at various ports of destination, “was caused by the act of nature which the court concludes is within the term ‘act of God’ as used in the statute.” The court held that although this damage came within this recognized exception “there yet remained on the respondent the duty to minimize the condition…