Otis

Otis v. International Mercantile Marine Co.

Good Law
95 F.2d 539·1938 A.M.C. 764·1938 U.S. App. LEXIS 4785
United States Court of Appeals for the Ninth CircuitMarch 22, 1938No. 8611California1,070 words

Opinion

Lead Opinion

Mathews, J.

From a decree dismissing, for want of jurisdiction, a libel by James Otis and others (hereafter called libelants) against the owners and operators of the steamship California (hereafter called respondents) and against the ship and 4,216 stems of bananas comprising part of its cargo, libelants have appealed.

On October 23, 1936, Elliott Shipping & Land Company, for the account of libel-ants, shipped on board the California, at the port of Balboa, Canal Zone, 4,216 stems of *540 bananas consigned to libelants at the port of Los Angeles, 1 Cal., and respondents issued their bill of lading therefor. The bill of lading provided: “The carrier [respondents] shall not be liable as carrier or otherwise for loss or damage occasioned by * * * strikes or stoppage of labor. * * H= ”

On October 30, 1936, a strike of sailors, longshoremen, and harbor workers, including respondents’ employees, was commenced and became effective at Los Angeles. Some of the strikers belonged to the International Longshoremen’s Association, Local No. 38-82, Incorporated (hereafter called the association). 'In connection with the strike, representatives of the association picketed the docks and water front at Los…

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