Central American Commercial Co. v. Pacific Mail S. S. Co.

The libel herein sets forth the delivery in July, 1905, of one compressor frame of the value of $1,311.98 to respondent at Panama, to be carried to’ the port of Corinto Nicaragua, and the failure of respondent to deliver the same at any. time thereafter, averring that it was lost.in the sea while respondent was attempting to load it on board its steamer Aztec, because of improper loading. Respondent denies all negligence and impropriety in the loading, claims that the frame was lost through perils of the sea, or by reason of latent defects in its loading appliances which it was impossible to discover beforehand, and also attempts to avail itself of two certain provisions in the bill of lading, one to the effect that:

*112 And the other to the effect that:

In paragraph 7 of the second amended answer, filed May 4,. 1909, the bill of lading is set out in full, together with a statement of the manner in which, according to the contention of respondent, the loss of the compressor frame occurred; the said paragraph concluding with the following averment:

There is in said paragraph 7 no averment that written demand for damage was not made within ten days, nor any averment that the…