Wilbur
Wilbur v. Williams S. S. Co.
Opinion
Lead Opinion
Kerrigan, J.
These two cases, being alike in their facts, were consolidated for trial. They are actions for damages, and involve two shipments of fish meal from Baltimore, Md., to Los Angeles, Cal., and to Portland, Or., respectively. The Pacific Guano & Fertilizer Company shipment was of 7,009 bags of fish scrap or fish meal. It was taken aboard the steamer Willfaro, operated by the claimant, the Williams Steamship Company, and 3,116 bags of the fish meal were stowed in the No. 4 lower hold. When the vessel arrived at Los Angeles, on October 23, 1922, it was found that the meal in the lower part of the hold had become heated. . The remaining 3,893 bags were stowed in four other places in the vessel in smaller quantities, and they suffered no damage.
In the other ease the shipment was of 1,-000 bags of fish meal in the steamship Will-solo, also operated by the Williams Steamship Company. This lot was stowed in No. 5 lower hold. Upon arrival in San Francisco, on the way to Portland, on October 17, 1922, it was. discovered that this fish meal also had become heated, and its market value seriously impaired.
The contention of the claimant in these cases is that the damage complained of resulted…