California Packing Corp. v. The Empire State

These two causes of action, having been consolidated, were brought for damages to canned goods and dried fruit shipped aboard the S.S. Empire State from various ports on the west coast to various ports on the gulf coast early in 1956.

Between January 7 and January 22, 1956, the Empire State loaded cargo—including that owned by libelants which is the subject of these actions—for shipment to the gulf coast via the Panama Canal and Havana. She loaded cargo at Seattle, Washington, on January 7 and 8, during which time the weather was cloudy with temperatures generally in the 40’s. She arrived at Vancouver on January 9 and continued loading cargo there until the morning of January 11. The log records almost continuous light rain or drizzle while at Vancouver, with temperatures again in the 40’s. On January 13 the Empire State docked at Encinal Terminal in Alameda, California and loaded canned goods through the 14th. It rained steadily both days, with temperatures in the 50’s, and the log records that all loading was suspended for six hours on January 14 due to heavy rain. The Empire State moved to Stockton on the 15th and loaded cargo for two days. There is no record in the ship’s log…