Newhall

This libel contains two counts, for damage to separate consignments of rubber which were shipped at Singapore on board the steamship Mursa, destined for San Francisco. Both consignments arrived damaged in the same manner, by contact with crude oil and salt water, and, since their good condition at the time of delivery is not contested, the sole issue is whether or not respondents are liable for the losses sustained.

All of the rubber was stowed in the after part of the aftermost lower hold, where it was placed on both sides of the shaft alley. Its stowage was careful and proper, and no complaint is made upon that basis; but on arrival at San Francisco the lower tier of eases was found to have been stained by water and oil to heights varying between 2 and 10 inches. A coating had been formed upon their surface, which was so thick that it could be scaled off by band, and the combination of oil and water had penetrated far into the rubber which they contained. Inasmuch as the dunnage, together with its supporting timbers and flooring, had elevated the lower tier by almost 6 inches from the steel floor of the hold, it is apparent that at some time during the voyage there was a…