Atlantic Fish Co. v. Dollar Steamship Line

This is an action to recover damages for detriment to a shipment of dried fish. The complaint pleads a contract between the parties whereby defendant agreed to carry said shipment under refrigeration from Boston to San Francisco and its failure through negligence so to do, as a result of which plaintiff sustained damages in the sum of $1,738.51. The answer denies these averments and sets up as a defense a contract to carry said goods under ventilation only. Made an exhibit thereto is a bill of lading to this effect, -with the requirements of which faithful compliance is pleaded. Verdict and judgment were for plaintiff in the amount claimed, but upon motion of defendant a new trial was granted, predicated upon alleged insufficiency of the evidence. Defendant offered no testimony. The facts are these:

In July, 1924, plaintiff, through correspondence, purchased from Gorton-Pew Fisheries Company, Ltd., of Gloucester, Massachusetts, three hundred eases of codfish, upon the express understanding that the goods would be shipped under refrigeration to Boston, there to be transshipped under like refrigeration to the purchaser at San Francisco on board the steamship “President Hayes,” one…