THE HOG ISLAND, 8828
| Decision Date | 14 March 1930 |
| Docket Number | 8829.,No. 8828,8828 |
| Citation | 43 F.2d 243 |
| Parties | THE HOG ISLAND (two cases). |
| Court | U.S. District Court — Eastern District of New York |
Finkler & McEntire, of New York City (Frank I. Finkler, of New York City, of counsel), for libelants.
Kirlin, Campbell, Hickox, Keating & McGrann, of New York City (L. de Grove Potter and Michael F. Whalen, both of New York City, of counsel), for claimant.
The two above-entitled suits were upon stipulation tried together, and, as they are for damages to parts of two shipments, upon the same vessel, from and to the same ports, one opinion will be sufficient.
The shipments in question were of bagged chestnuts, loaded on the steamship Hog Island, at Huelva, Spain, between November 20 and 23, 1925, and carried by the vessel from Huelva, which she left on November 24, 1925, direct to New York, where she arrived on December 7, 1925, started discharging on December 8, 1925, at 10:15 a. m., and finished on December 9, 1925, at 8:30 a. m.
The steamship Hog Island is a three-island steel steamer of 3,037 net tons, holding the highest class in Lloyds and the American Bureau of Shipping, and having five holds, three forward and two aft of the engineroom, divided into 'tween-decks and lower holds.
There is one ventilator on the port side forward and one on the starboard side aft, of each hold, except No. 5, which has one forward and two aft.
The cargo compartments of the vessel are equipped with the usual drainage, sounding, and pumping facilities.
There is a 2 to 3 inch wooden ceiling laid over 2 to 2½ inch battens in each hold, and on the sides cargo battens are placed over the ceiling about 8 inches in from the side of the vessel.
At Dede Agatch the holds were swept out, found dry and clean, and dunnage laid, and thereafter tobacco was loaded in No. 2 and No. 4 lower holds and No. 5 'tween-decks.
The vessel proceeded without incident to Huelva, where, between November 20 and 23, 1925, the chestnuts were loaded thereon.
2,691 bags of chestnuts, in jute bags, were loaded in the after part of No. 2 lower hold, on from one inch to two inches of dunnage, laid crisscross fashion over the wooden ceiling, extending from side to side of the ship within the cargo battens, not closer than 18 inches at the bottom, and as far as 12 feet to the after bulkhead.
The height of the lower hold was approximately 18 feet, and as stowed the bags were from the height of 4 feet aft to 7 feet in the forward end of the stow, and on top of these bags some 82 cases of chestnuts were stowed.
8,093 bales of tobacco were stowed, to a height of about 16 feet, forward of the bags, and separated from them by about 3 or 4 feet.
2,866 bags of chestnuts in jute bags were loaded in the after part of the No. 4 lower hold, on from one inch to two inches of dunnage laid crisscross fashion over the wooden ceiling extending from side to side of the ship within the cargo battens, not closer than 18 inches at the bottom, and as far as 12 feet to the after bulkhead, and to a height of about 4 feet in the after part to 7 feet in the forward part of the stow.
Immediately forward of the bags of chestnuts were stowed, on similar dunnage, 1,528 cases of chestnuts from side to side of the ship, to a height of about 8 to 10 feet.
A tunnel some 7 feet in height, dunnaged from the tank top of the hold by one-inch dunnage, in a crisscross fashion, divided the stow of cases and bags of chestnuts fore and aft.
7,665 bales of tobacco were stowed, to a height of about 15 feet, forward of the cases of chestnuts, from which they were separated by a space of about 4 feet.
1,423 bags of chestnuts, in jute bags, were loaded in the after part of the No. 5 'tween-deck on from one-inch to two inches of dunnage, laid crisscross fashion, extending from side to side of the ship within the cargo battens, not closer than 18 inches at the bottom, and as far as 12 feet from the after bulkhead. 279 cases of chestnuts were stowed forward of the bags of chestnuts.
The height of the 'tween-decks was 8 feet, and the height of the chestnuts as stowed was from 4 to 6 feet.
1,033 bales of tobacco were stowed forward of the chestnuts but separated therefrom by a considerable space.
Twelve to fifteen carloads, averaging 100 to 150 bags of chestnuts, were rained on and wetted one night while they were being loaded from open cars which were brought alongside the vessel.
No entry of this is found in the log, as such entries are not made when the ship is in port, but only when she is at sea.
The weather conditions during the voyage from Huelva to New York were shown in the log, and it was the bad weather to be expected at that season of the year.
The weather ventilators were at all times properly trimmed, and at no time during the voyage were canvas covers placed over the cowls of the ventilators.
The hatch covers of the holds Nos. 2, 4, and 5, or the corners of such covers, were opened or lifted whenever the weather permitted during the voyage.
The 'tween-deck hatches between the lower holds Nos. 2 and 4 and the 'tween-decks above them were off.
On November 27th the officers observed sweat in the holds, and, on going below for examination, found the chestnuts heating.
The heat and sweat of the bags of chestnuts continued increasing, and the members of the crew were down in the hold shifting the bags of chestnuts to allow air to permeate through them.
The average temperature of the air during the voyage was around 60° F.
On examination after arrival in New York, 1,292 bags of chestnuts, which were mouldy and decayed, were condemned by the board of health.
No cases of chestnuts were condemned, but all were discharged with contents in apparent sound condition, whereas bags of chestnuts carried in the same compartments were condemned.
The bills of lading recited the receipt of the shipment in apparent good order and condition.
The bills of lading contain, among others, the following provisions:
To continue reading
Request your trial
-
American Tobacco Co. v. The Katingo Hadjipatera
...flag. Like very many other vessels, some of which carried tobacco, she had but two ventilators per hold. This suffices. The Hog Island, D.C.E.D.N.Y.1930, 43 F.2d 243, affirmed 2 Cir., 1930, 48 F.2d 101. Libellants do not seriously maintain that her structural ventilation was inadequate safe......
-
Schroeder Bros. v. The Saturnia
...to be anticipated." The Terne, D.C., 1 F.Supp. 537, 542; Spang Chalfant & Co. v. Dimon S. S. Corp., 2 Cir., 57 F.2d 965; The Hog Island, D.C.E.D. N.Y., 43 F.2d 243. The conditions encountered, involving three transatlantic journeys, were perhaps not reasonably to be anticipated. But the que......