ISLER v. LUCKENBACH S. S. CO.

No. 256.

18 F.2d 946 (1927)

ISLER et al. v. LUCKENBACH S. S. CO., Inc.

Circuit Court of Appeals, Second Circuit.

April 18, 1927.


Attorney(s) appearing for the Case

Theodore L. Bailey, of New York City (Loring R. Lecraw, of New York City, of counsel), for appellants.

Carter & Phillips, of New York City (Robert Phillips, of New York City, of counsel), for appellee.

Before MANTON and MACK, Circuit Judges, and CAMPBELL, District Judge.


CAMPBELL, District Judge (after stating the facts as above).

The Luckenbach Steamship Company, Inc., accepted the merchandise for transportation without its own bill of lading. It became liable through the adoption of the bill of lading of the Canadian Pacific Railroad Company.

The merchandise was damaged by sweat of the hold, and notice of claim was not given in writing to the Luckenbach Steamship Company, Inc., in 10 days, but was given in 40 days.

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