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THE HOG ISLAND

Nos. 237, 238.

48 F.2d 101 (1931)

THE HOG ISLAND. SGOBEL & DAY v. EXPORT S. S. CORPORATION. CUNEO et al. v. SAME.

Circuit Court of Appeals, Second Circuit.

March 16, 1931.

Attorney(s) appearing for the Case

Finkler & McEntire, of New York City, for appellants.

Kirlin, Campbell, Hickox, Keating & McGrann, of New York City (L. DeGrove Potter and Michael F. Whalen, both of New York City, of counsel), for appellee.

Before L. HAND, CHASE, and MACK, Circuit Judges.

CHASE, Circuit Judge (after stating the facts as above).

As the damage to these chestnuts was due to heat, decay, putrefaction, and sweat, it falls within the exceptions to the bills of lading, and the vessel is not liable unless it is proved that the heat, decay, putrefaction, and sweat was caused by its negligence. The Toyohashi Maru (D. C.) 13 F.2d 871; The Florinda (C. C. A.) 31 F.2d 262; The...

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