Eastern Outfitting Co. v. Pacific Mail S. S. Co.

This is a libel for damage to two carloads of furniture. The cars went forward from Winston-Salem, N. C., November 14, 1922, and arriv-ed at Norfolk, Va., November 16 and 20> 1922,- respectively. • They were not shipped on through bill of lading. The furniture was delivered to respondent, and wás- then stored óñ the- Army Base Pier at Norfolk until *271 loaded, 150 packages on the steamship Santa Clara December 15, 1922, and 145 packages on the steamship Point Judith January 5, 1923.

Respondent issued its bill of lading in its customary form December 16, 1922. This bill of lading provided in section 24, that notice of claim for loss or damage must be presented in writing within 60 days after notice of damage, fixed by the date of arrival of the vessel, and that action for such loss or damage must be commenced within 60 days from the presenting of such claim.

February 23, 1923, a written claim for damage to the furniture was filed. This claim was rejected. The libel was filed June 10, 1926. Respondent contends that the action is barred under the terms of the bill of lading. Libelant seeks to avoid this contention by urging that the evidence shows the damage to have occurred…