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LEON BERNSTEIN COMPANY v. WILHELMSEN

No. 15829.

232 F.2d 771 (1956)

LEON BERNSTEIN COMPANY, Appellant, v. Wilhelm WILHELMSEN, Appellee.

United States Court of Appeals Fifth Circuit.

April 19, 1956.

Attorney(s) appearing for the Case

Malcolm W. Monroe, New Orleans, La., Deutsch, Kerrigan & Stiles, Rene H. Himel, Jr., New Orleans, La., of counsel, for appellant.

Alfred W. Farrell, Jr., New Orleans, La., Terriberry, Young, Rault & Carroll, New Orleans, La., of counsel, for appellee.

Before HUTCHESON, Chief Judge, and RIVES and BROWN, Circuit Judges.

BROWN, Circuit Judge.

After departure from the Port of Manila, P. I., on her voyage from Charleston, South Carolina, to the Far East, the Titania encountered freshening weather and began to roll and pitch. As this was in the typhoon season (September) and heavy weather was anticipated on the leg to Hong Kong, it was decided to fill empty deep tanks with sea water ballast for better trim.

Cargo was damaged when sea water overflowed the open manhole in the top...

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