DAVISON CHEMICAL CO. v. EASTERN TRANSP. CO.

No. 1422.

30 F.2d 860 (1927)

DAVISON CHEMICAL CO. v. EASTERN TRANSP. CO. et al. THE VINCENT McNALLY.

District Court, D. Maryland.

December 8, 1927.


Attorney(s) appearing for the Case

Forrest E. Single, of New York City, and Coleman, Fell, Morgan & Brune, of Baltimore, Md., for libelant.

Samuel K. Dennis, of Baltimore, Md., for respondents.


SOPER, District Judge.

The evidence in this case indicates quite clearly that the damage to the cargo of the barge Vincent McNally was caused by water which came through the hatches, and that the hatch coverings suffered injury through stress of weather. The libelant nevertheless contends that the vessel is responsible for the damages, because in its opinion there was no such peril of the sea as would excuse her. The libelant emphasizes three points in which it claims...

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