BARR v. INTERNATIONAL MERCANTILE MARINE CO.

No. 35.

29 F.2d 26 (1928)

BARR v. INTERNATIONAL MERCANTILE MARINE CO.

Circuit Court of Appeals, Second Circuit.

November 12, 1928.


Attorney(s) appearing for the Case

Victor Willard Cutting, of New York City (Walter B. Hall, of New York City, of counsel), for appellant.

Burlingham, Veeder, Masten & Fearey, of New York City (Ray Rood Allen and Eugene Underwood, Jr., both of New York City, of counsel), for appellee.

Before MANTON, L. HAND, and AUGUSTUS N. HAND, Circuit Judges.


MANTON, Circuit Judge.

This libel was filed by the assignee of the Fruit & Produce Exchange of Great Britain, Limited, the shipper and consignee, to recover loss due to decay of pears shipped in good order and condition upon appellee's steamship New York, carried on the voyage from New York to Southhampton. The pears were practically a total loss, and this was due to the failure of the refrigerating plant to keep proper temperature in the storeroom. The cause...

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