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AUTOMOBILE INSURANCE CO. v. UNITED FRUIT COMPANY

No. 171, Docket 23289.

224 F.2d 72 (1955)

The AUTOMOBILE INSURANCE COMPANY et al., Libellants-Appellants, v. UNITED FRUIT COMPANY, Respondent-Appellee. (Consolidated Cause)

United States Court of Appeals Second Circuit.

Decided June 9, 1955.

Attorney(s) appearing for the Case

Bigham, Englar, Jones & Houston, New York City, for appellants, Henry N. Longley and William F. Andersen, New York City, of counsel.

Burlingham, Hupper & Kennedy, New York City, for appellee, Burton H. White, Hervey C. Allen, Jr., and Robert A. Feltner, New York City, of counsel.

Before MEDINA and HINCKS, Circuit Judges, BURKE, District Judge.

BURKE, District Judge.

Libellants were the owners of cargo or underwriters insuring cargo shipped on respondent's S. S. Shell Bar for carriage to Havana and Central American ports. The vessel sailed from New York on the afternoon of May 1, 1948. Libellants' cargo was damaged or destroyed by a fire which broke out in the early morning of May 3, 1948, when the vessel was off Cape Hatteras. Libellants filed libels claiming that the damage was caused by the negligence...

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