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THE BENCLEUCH

No. 73.

10 F.2d 49 (1925)

THE BENCLEUCH.

Circuit Court of Appeals, Second Circuit.

December 14, 1925.

Attorney(s) appearing for the Case

Franklin Grady, of New York City, for appellant.

Frank I. Finkler, of New York City, for libelant-appellee.

Robert S. Erskine, of New York City, for claimant-appellee.

Before ROGERS, MANTON, and HAND, Circuit Judges.

HAND, Circuit Judge (after stating the facts as above).

The damage done upon the ship must be distinguished from that done in the slings and on the piers. The first was of two kinds, breakage and decay, against both of which the bills of lading contained exceptions. Therefore, since the ship had showed that the loss was within the exceptions, the libelant must prove some negligence on the ship's part. Nelson v. Woodruff, 1...

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