The Indien

This is a libel in admiralty against the Danish motorship Indien for cargo damage. No jurisdictional issue is urged as to the sufficiency of the parties litigant, or as to the fact that the eargo, to which libelant was entitled to delivery upon its arrival in Japanese ports, was damaged on the voyage across the Pacific Ocean from Victoria, British Columbia, The defenses interposed by the claimant and owner, which has duly appeared, are special and are to the effect that the ship was in all respects seaworthy and that due diligence was exercised to make her so before the voyage commenced; that the damage to libelant’s merchandise was caused by perils of the sea or fault and error in navigation and causes beyond their control; and that under the terms of the charter, pursuant to which the eargo was shipped, as well as under section 3 of the Harter Act (title 46 USCA § 192), they are exempted from liability of damage.

The shipment in question, according to the contract of affreightment or charter, as it is termed in the document, consisted of 6,094 tons of ammophos fertilizer in bags. It was taken aboard the Indien on the east coast of the United States, and the shipping contract I…