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AUNT JEMIMA MILLS CO. v. LLOYD ROYAL BELGE

No. 248.

34 F.2d 120 (1929)

AUNT JEMIMA MILLS CO. v. LLOYD ROYAL BELGE.

Circuit Court of Appeals, Second Circuit.

June 17, 1929.

Attorney(s) appearing for the Case

Loomis & Ruebush, of New York City (Homer L. Loomis and Reginald B. Williams, both of New York City, of counsel), for appellant.

Bigham, Englar, Jones & Houston, of New York City (Henry N. Longley and Roger H. Loughran, both of New York City, of counsel), for appellee.

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

SWAN, Circuit Judge.

At the turn-out the bags were stained with yellow streaks on the outside, and the flour had become so tainted by an odor of turpentine or pitch pine as to be unfit for human consumption. The shipment had been received in "apparent good order and condition" and had been stowed in holds containing pine lumber. The District Court held that these facts justified the inference that the damage was due to bad stowage. 28 F.2d 398

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