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EPPENS, SMITH CO. v. SILVER LINE

No. 10019.

128 F.2d 882 (1942)

EPPENS, SMITH CO., Inc., v. SILVER LINE, Ltd.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied July 20, 1942.

Attorney(s) appearing for the Case

Eberhard P. Deutsch and Harry F. Stiles, Jr., both of New Orleans, for appellant.

Lloyd A. Ray and Jas. Hy. Bruns, both of New Orleans, La., for appellee.

Before SIBLEY, HOLMES, and McCORD, Circuit Judges.

HOLMES, Circuit Judge.

In December, 1938, appellant shipped 541 chests of tea aboard appellee's freighter Silverteak from Batavia, Dutch East Indies, to New York. When the cargo was unloaded in New York nine chests were found to have been damaged by ship's sweat. This libel was filed against the carrier to recover damages for loss of the tea, and upon trial the court below dismissed the action and entered judgment for the...

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