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HELLENIC LINES LTD. v. BROWN & WILLIAMSON TOBACCO CORP.

No. 7931.

277 F.2d 9 (1960)

HELLENIC LINES LIMITED, respondent and claimant of THE S.S. ANGHYRA, her engines, boilers, etc., and The West of England Steam Ship Owners Protection & Indemnity Association, Limited, Appellants, v. BROWN & WILLIAMSON TOBACCO CORPORATION, Libellant, Liggett & Myers Tobacco Company, R. J. Reynolds Tobacco Company, The American Tobacco Company and A. Fantis, Intervening Libellants, Appellees.

United States Court of Appeals Fourth Circuit.

Decided March 23, 1960.

Attorney(s) appearing for the Case

James E. Freehill, New York City (Seawell, McCoy, Winston & Dalton, Jett, Sykes & Coupland, Norfolk, Va., Hill, Betts & Nash, Francis P. Kelly, New York City, Leon T. Seawell and R. Arthur Jett, Norfolk, Va., on the brief), for appellants.

John W. R. Zisgen, New York City (Edward S. Ferebee, and Bigham, Englar, Jones & Houston, New York City, on the brief), for appellees American Tobacco Co., R. J. Reynolds Tobacco Co. Liggett & Myers Tobacco Co. and A. Fantis.

Stuart Sprague (Baird, Crenshaw & Lanning, Norfolk, Va., Sprague & Peck, New York City, and Francis N. Crenshaw, Norfolk, Va., on the brief), for appellee Brown & Williamson Tobacco Corp.

Before HAYNSWORTH and BOREMAN, Circuit Judges, and R. DORSEY WATKINS, District Judge.

HAYNSWORTH, Circuit Judge.

The principal question is responsibility for heat damage to a cargo of tobacco shipped in 1940-1941 from Bulgarian, Turkish and Grecian ports via the Suez Canal and the Red Sea around the Cape of Good Hope to Newport News and Norfolk. The District Court placed responsibility upon the ship because of failure to operate ventilating fans during hours of darkness while the ship was at anchor, under black out regulations, at Port Said, the Grand...

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