The Heranger
Opinion
Lead Opinion
Sure, J.
Libel for damages to cargo of bananas shipped on the Norwegian Motorship Her-anger from Balboa, Canal Zone, to Los Angeles or San Francisco.
On April 23, 1936, preceding delivery of cargo and bill of lading, letters were exchanged between the parties regarding the shipment. Libelants’ letter was accompanied with instructions for temperature to be maintained during the voyage; the pertinent part of which reads as follows: “Precool to 46 degrees Fahrenheit. When bananas are loaded the delivery temperature should be 52 degrees until the return temperature is 56 degrees (approximately 20 hours) thus removing the natural heat of the fruit. * * * ”
On April 28, 1936, Elliott Shipping & Land Company, Inc., a corporation, for account of libelants, delivered to the Her-anger 6,184 stems of bananas at Balboa, Canal Zone, for transportation to Los Angeles or San Francisco. The bill of lading showed receipt of the cargo “in apparent good order and condition.” The ship and cargo arrived at San Pedro on May 8th, when, it is claimed, the bananas were found to be “damaged to an extent which rendered them unsalable as first-class fruit.”