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CALIFORNIA & HAWAIIAN SUGAR R. CORP. v. WINCO TANKERS, INC.

No. 6788.

278 F.Supp. 648 (1968)

CALIFORNIA AND HAWAIIAN SUGAR REFINING CORPORATION, Ltd., Plaintiff, v. WINCO TANKERS, INC. and the SS WINDSOR VICTORY, her engines, tackle, boiler, etc., Defendants.

United States District Court E. D. Louisiana, New Orleans Division.

As Amended January 24, 1968.

Attorney(s) appearing for the Case

J. Barbee Winston, James Roussel, George W. Healy, III, New Orleans, La., for plaintiff.

Alfred M. Farrell, Jr., New Orleans, La., for defendants.

RUBIN, District Judge:

A cargo of bulk sugar carried aboard the SS WINDSOR VICTORY from Hawaiian ports in 1964 was damaged during the voyage by water leaking from a drainpipe that carried waste from the galley through the No. 4 hold of the vessel to a discharge valve. The narrow issue upon which decision turns is whether the carrier is responsible for the damage on the basis that it was caused by want of due diligence on its part to make the ship seaworthy.

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