OLD COLONY INSURANCE COMPANY v. SS SOUTHERN STAR

No. 65-548.

280 F.Supp. 189 (1967)

OLD COLONY INSURANCE COMPANY, a corporation, Libelant, v. The SS SOUTHERN STAR, her engines, tackle, machinery, and equipment, and any and all persons claiming any interest therein, and Bacong Shipping Company, S. A., a corporation, Respondents. Bacong Shipping Company, S. A., a corporation, Claimant.

United States District Court D. Oregon.

March 15, 1967.


Attorney(s) appearing for the Case

Dennis Lindsay, of Krause, Lindsay & Nahstoll, Portland, Or., and Kent J. Clancy, of Derby, Cook, Quinby & Tweedt, San Francisco, Cal., for libelant.

Erskine Wood, of Wood, Wood, Tatum, Mosser & Brooke, Portland, Or., for respondents and claimant.


BEEKS, District Judge.

The Court is satisfied from the evidence in this case that bulk copra tends to heat and to give off moisture during an ocean voyage. It is subject to spontaneous combustion. The higher the moisture content the more heat it will generate and the more moisture it will expel. For this reason it can be dangerous cargo if the bags and/or the contents are wet at the time of shipment. These characteristics were known to Captain Farrales.

Copra...

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