TOYO KISEN KABUSHIKI KAISHA v. WILLITS & CO.

No. 4906.

17 F.2d 762 (1927)

TOYO KISEN KABUSHIKI KAISHA v. WILLITS & CO., Inc., et al.

Circuit Court of Appeals, Ninth Circuit.

February 14, 1927.


Attorney(s) appearing for the Case

Thomas B. Dozier, C. F. Kimball, Thomas B. Dozier, Jr., and Dozier, Kimball & Dozier, all of San Francisco, Cal., for appellant.

S. Hasket Derby, Joseph C. Sharp, and Derby, Single & Sharp, all of San Francisco, Cal., for appellees.

Before GILBERT and RUDKIN, Circuit Judges, and JAMES, District Judge.


JAMES, District Judge.

Decree in this case was for libelants, and the respondent appealed. The proceeding was in personam.

The appellees were the consignees of merchandise which formed a part of the cargo of a ship owned by appellant which arrived in the port of San Francisco in May, 1924. It was found upon discharge of the cargo that the merchandise of appellees had been damaged by seawater. As a secondary cause of damage, it appeared that a lot of arsenic...

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