Sunkist Growers, Inc. v. Adelaide Shipping Lines, Ltd., Claimant-Appellee, and Salen Reefer Services Ab, and M/v Gladiola

This is an appeal in admiralty from a judgment dismissing appellant’s complaint in rem and in personam against appellees for cargo damage aboard the vessel GLADIOLA.

FACTS

The facts are not seriously in dispute. Appellant [Sunkist] is a California corporation engaged in packing and shipping citrus fruit. Claimant [Adelaide] is a corporation organized and existing under the laws of Great Britain and is the owner of the vessel GLADIOLA, a general cargo vessel of 11,-890 tons carrying capacity. Salen is a corporation organized and existing under the laws of the country of Sweden and at all times relevant herein was the charterer of the GLADIOLA.

During the last week of August and the first week of September, 1974, at the Port of Long Beach, California, a cargo of 58,464 cartons of fresh lemons in good order and condition, owned by Sunkist, was loaded on board the GLADIOLA for refrigerated transportation to Gdansk, Poland. Sunkist and Salen conducted their shipping transactions pursuant to a three year contract. Salen provided the vessels once or twice a week to transport Sunkist’s citrus cargoes. Occasionally, Sunkist would not fill the entire vessel with its cargo and in those…