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CONNELL BROS. CO. v. SEVENSEAS TRADING & STEAMSHIP CO.

Nos. 25530-R, 25531-G.

111 F.Supp. 227 (1953)

CONNELL BROS. CO. (CANADA), Limited v. SEVENSEAS TRADING & STEAMSHIP CO., S. A., et al. AMERICAN FACTORS, Limited, v. SEVENSEAS TRADING & STEAMSHIP CO., S. A., et al.

United States District Court N. D. California, S. D.

April 1, 1953.

Attorney(s) appearing for the Case

Lloyd M. Tweedt, Derby, Sharp, Quinby & Tweedt, San Francisco, Cal., for libelant Connell Bros. Co. (Canada) Limited.

Lyman Henry, Hall, Henry & Oliver, San Francisco, Cal., for libelant American Factors, Limited.

Lillick, Geary, Olson, Adams & Charles, by William M. Brinton, San Francisco, Cal., for respondents Sevenseas Trading & Steamship Co., S. A., and another.

ROCHE, Chief Judge.

Libelants in these two cases, which were consolidated for trial, seek to recover prepaid freight and damages for cargo lost when The Salina Cruz burned and sank while en route from Vancouver, B. C. to Honolulu. In each case the respondents have set up as affirmative defenses the inclusion in the bills of lading of the "freight earned, ship and/or cargo lost or not lost" clause and the provisions of the so-called Fire Statute, 46 U.S.C.A. §...

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