Maggio

This appeal was taken by the claimants ■ of the motorship Hermosa from a decree holding the vessel and her owners liable for the loss of the greater part of a cargo of tomatoes shipped by the appellee from Topolo-bampo, Sinaloa, Mexico, to San Pedro, Cal., in May, 1920.

Much of the testimony was conflicting. Since we believe that there was substantial evidence to sustain the findings of the trial court, we are adopting the general narrative of the material facts as outlined by such findings.

The libelant-appellee is an Arizona corporation, engaged, among other things, in the business of growing tomatoes in the Fu-erte Valley, state of Sinaloa, Mexico, and of importing tomatoes into the United States.

The Hermosa is a sea-going vessel, capable of a normal cruising speed of ten and one-half nautical miles, and equipped with a refrigerating or cooling plant whereby her holds may be maintained at low and even temperatures.

On or about April 18, 1920, at Los An-geles, the appellee and William J. Maggio, as managing owner of the respondents-ap *21 pellants’ inotoiship, entered into a contract of affreightment or charter party, for the carriage on the Hermosa from Topolobampo to Los…