Radja

Libelant, purchaser of a large shipment of tea from Africa,, brings this action against respondents, owners of the Steamship Radja which carried the shipment from Durban, South Africa, to Tacoma, Washington. Libelant asks damages in the approximate sum of $6,000 to cover the cost of inspecting the merchandise, removing the defective tea and repacking the shipment.

Libelant relies upon two theories as grounds for recovery against respondents: (1) The tea was in good condition upon delivery to respondent Steamship Radja and was discovered to be damaged by salt water mold upon arrival in the United States. Such change in condition constitutes a prima facie case of liability against the ship; (2) If the tea was not in good condition when delivered to the ship, respondents’ agent knew, or should have known, this to be a fact when he issued the clean bill of lading.

A review of the stipulations and the evidence in the case indicates that the cargo of tea was in good order when brought to the original carrier, the Boschfontein, at the initial African port. During the loading process, part of the shipment of tea apparently received a salt water wetting while it was being removed from…