IN RE McDONALD TRANSP. CO.

No. 1688.

4 F.2d 1010 (1925)

In re McDONALD TRANSP. CO.

District Court, D. Massachusetts.

March 20, 1925.


Attorney(s) appearing for the Case

Edward S. Dodge, of Boston, Mass., Howard M. Long, of Philadelphia, Pa., and Theodore Hoague, of Boston, Mass., for petitioner.

Blodgett, Jones, Burnham & Bingham, of Boston, Mass., for claimants Murfitt, Wright, and others.

Goldman & Unger, of New York City, and Arthur J. Santry, of Boston, Mass., for L. Richardson & Co.

T. Catesby Jones, of New York City, for Merchant Fire Assur. Corporation and others.


MORTON, District Judge.

It is clear that the cargo suffered water damage. The questions are whether the vessel is responsible for it, and, if so, the further question whether her owners have a right to limit their liability. It is evident from her log book that she was a leaky vessel. According to it, she made three inches of water an hour on her outward voyage. At Port Elizabeth, South Africa, some caulking was done around her hatches, decks, and waterways; but nine...

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