United States v. Apex Fish Co.

Appeal from a final decree in admiralty.

A libel in personam was filed under the Suits in Admiralty Act, 46 U.S.C.A. § 742 ct seq., by Apex Fish Company, appellee, against the United States, the appellant, seeking recovery of damages to a shipment of 1358 barrels of mild cured salt herring. The cargo was loaded at Port Wakefield, Alaska, on the Steamship “Denali,” then being operated under bareboat charter to the United States, for delivery to the port of Seattle, Washington. The court awarded damages against the United States in the sum of $18,783.92.

Libelant alleged and undertook to prove that the merchandise was delivered to the vessel in good order and condition. That it outturned at Seattle in a damaged or deteriorated condition is unquestioned. Nor is there any dispute as to the amount of the damage.

Respondent added to its denials, as affirmative defenses, pleas that (1) any damage sustained “was the result of inherent defect, quality or vice of the goods as shipped aboard the vessel, one of the causes excepted * * * in the Carriage of Goods by Sea Act [ 46 U.S.C.A. § 1300 et seq.]” and (2) any damage was solely “the result of a strike * * * which said strike prevented…