THE TERGESTEA


54 F.2d 809 (1931)

THE TERGESTEA.

District Court, S. D. New York.

November 2, 1931.


Attorney(s) appearing for the Case

Purrington & McConnell, of New York City (Frank J. McConnell, of New York City, of counsel), for libelant.

Kirlin, Campbell, Hickox, Keating & McGrann, of New York City (L. deGrove Potter and John J. Heckman, both of New York City, of counsel), for claimant.


PATTERSON, District Judge.

The libelant was the owner of 1,800 bags of Egyptian onions which were carried on the steamship Tergestea from Trieste to New York. The onions were in good condition on shipment at Trieste on May 8, 1928, but were badly decayed on unloading here on June 6, 1928. The libelant brought this libel in rem to recover damages.

The bills of lading provided that the carrier should not be liable for loss caused by decay or sweat or anything...

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