The Lyra

These cases arise out of the shipment pi a cargo of refined sugar on board the steamship Lyra from New York to San Francisco by way of Cape Horn. The first is for damage to the cargo, and the second is for freight. They were tried together. The shipment consisted of 112,000 bags, of which about 30,000 were found to be caked when unloaded. There were some other elements of damage to other bags, but the matters in issue here have only to do with the sugar that was caked. The bills of lading contain the following: “Shipped in good order and condition-bags of refined sugar”—with the added words, “weight and contents unknown.” Under these provisions the burden is upon the shipper to show, by proof other than the recitals in the bills of lading, that the sugar was in good order and condition when received on board the ship. Libelant has offered proof of the fact, and contends that the caking of the sugar was the result of a failure to ventilate it at any time during the voyage,- which lasted 71 days. Respondent contends that the caking was not due to lack of ventilation, but to the fact that the sugar absorbed sufficient moisture to produce this effect while on its way from the refinery…