COMPANIA GENERAL DE TABACOS DE FILIPINAS v. UNITED STATES

No. 362.

49 F.2d 700 (1931)

COMPANIA GENERAL DE TABACOS DE FILIPINAS v. UNITED STATES. THE ELKTON.

Circuit Court of Appeals, Second Circuit.

May 4, 1931.


Attorney(s) appearing for the Case

George Z. Medalie, U. S. Atty., and William E. Collins, Sp. Asst. U. S. Atty., both of New York City, for appellant.

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

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


L. HAND, Circuit Judge.

The libellant shipped a parcel of bagged sugar at Manila and Iloilo in the Philippines upon the respondent's steamer, "Elkton." Part was stowed in the steamer's forehold, and on the outturn at Baltimore and New York was found to have been damaged by fuel oil leaking from the tank top. The sugar had been stowed over the top, and some of the oil had reached it from the rivets and the seam of the tank, but the greater part from a broken vent pipe...

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