Rosenberg Bros. v. Atlantic Transport Co. of West Virginia

The libel, and supplemental libel contains 15 • counts, all for damage to shipments of canned goods by sea water, which entered the No. 1 hold of the steamship Manchuria in the course of a voyage from San Francisco to New York in November and December, 1925. The damage occurred during a heavy storm between Havana and New York. There is no conflict as to the means by which the water gained access to the cargo.

The Manchuria was built in 1904 under a special survey of Lloyds. She is constructed with her chain locker abaft the collision bulkhead. This chain locker is not watertight, and it is conceded that during the voyage in question the chain locker filled with water, which-overflowed into the ’tween-decks and found its way into No. 1 hold, damaging the cargo in question, which was stowed partly in the ’tween-decks and partly in No. 1 hold.

Libelants contend that the Manchuria was unseaworthy on account of the construction of her chain locker, and that the damages arose primarily from this cause, precluding respondents from asserting peril of the sea- or mismanagement of the vessel as defenses to the libel.

The chain locker extends from the bottom of the ship to the underside…