The Maui

Good Law
113 F.2d 1018·1940 A.M.C. 1299·1940 U.S. App. LEXIS 4846
United States Court of Appeals for the Ninth CircuitAugust 2, 1940No. 9350California1,724 words

Opinion

Lead Opinion

Healy, J.

Libelants appeal from a decree in favor of the steamship “Maui” in a suit for damage to - cargo. The vessel and her owner will be referred to herein as appellee.

On October 26 and 27, 1936, appellants delivered on board the Maui at San Francisco quantities of fruit and other perishable foodstuffs for transportation to Hawaii. The commodities were in good order and condition to carry safely for the contemplated voyage, which ordinarily required seven days. The steamer was scheduled to leave at noon of October 27. After the goods were loaded, and during the afternoon of the 27th, the Maui left the dock to which she had been berthed *1019 and went into the stream for the two-fold purpose, as the court found, of loading a quantity of dynamite at the powder anchorage in San Francisco bay, and of facilitating completion of her crew, some of whom had quit the vessel shortly before she left the dock. Because of labor difficulties ensuing, the Maui was compelled to anchor in the bay and she remained at anchor until February S, 1937.

In the meantime part of appellants’ cargo spoiled and was dumped overboard. The remainder, mostly in a deteriorated condition, was unloaded when the labor…

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