The Erskine M. Phelps

These cases, consolidated and tried together, are for damage to merchandise shipped at Philadelphia on tiie Erskine M. Phelps, and destined to San Francisco by way of Cape Horn. The merchandise consisted for the most part of enameled bath tubs and lavatories and was delivered at San Francisco in a damaged condition.

[1] The claimant’s first contention is that libelants have failed to *768 show that the merchandise was received by the ship in good condition. The bills of lading issued by the master recite:

It is claimant’s contention that these only acknowledge that the crates were in good order and condition, and that libelants were bound to prove that the contents of the crates were in like good condition before they could recover. Manifestly, as to the second bill of lading, in so far as it applies to bath tubs, this contention is unsound, for it is therein stated “575 crated iron bath tubs” were shipped in good order and condition.

I am of.the opinion that the contention is equally unsound as to the other articles and the other bills of lading. There is no reservation made in any of the bills of lading. They all recite, not that the crates were shipped in good order and…