E. J. KELLER CO. v. COSMOPOLITAN SHIPPING CO.


26 F.2d 838 (1928)

E. J. KELLER CO., Inc., v. COSMOPOLITAN SHIPPING CO., Inc.

District Court, S. D. New York.

May 7, 1928.


Attorney(s) appearing for the Case

Frederic H. Cowden, of New York City, for libelant.

Charles H. Tuttle, U. S. Atty., of New York City (George A. Washington, Sp. Asst. U. S. Atty., of New York City, of counsel), for respondent.


KNOX, District Judge.

None of the clauses of the bill of lading, here urged as a defense to libelant's suit, will serve that purpose. Section 20, which provides that "lighterage, if required at port of discharge, to be a risk and expense of cargo," evidently relates to discharge at ports where conditions necessitate the use of lighters. New York is not a port of that character.

Section 30 is intended to cover a situation where, due to blockade or congestion...

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