SEAROAD SHIPPING CO. v. E. I. duPONT de NEMOURS AND COMPANY

No. 22169.

361 F.2d 833 (1966)

SEAROAD SHIPPING COMPANY and the Claimant, Searoad (Bahamas) Ltd., Appellants, v. E. I. duPONT de NEMOURS AND COMPANY, Incorporated, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied July 18, 1966.


Attorney(s) appearing for the Case

W. F. Parker, Miami, Fla., for appellants.

Richard F. Ralph, Miami, Fla., for appellee.

Before JONES and BROWN, Circuit Judges and BREWSTER, District Judge.


JOHN R. BROWN, Circuit Judge.

The District Court in this libel for cargo damage cast the M/V Sealane in rem and her owners in personam for the total loss of a deck-loaded cargo of high explosives resulting from heavy weather on the short voyage from Key Largo in the Florida Keys to Freeport, Grand Bahama Island. The Court did so on the basis that deck-loading the cargo covered by a clean, under-deck bill of lading amounted to a deviation making the vessel an insurer...

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