United S.S. Co. v. Haskins
| Decision Date | 03 October 1910 |
| Docket Number | 1,821. |
| Citation | 181 F. 962 |
| Parties | UNITED S.S. CO. et al. v. HASKINS et al. |
| Court | U.S. Court of Appeals — Ninth Circuit |
Page McCutchen & Knight, for appellants.
William Denman, for appellees.
Before GILBERT, ROSS, and MORROW, Circuit Judges.
It is alleged in the libel that in the month of October, 1906 Arbuckle Bros. shipped on board the steamer Santa Rita from the port of New York, to be carried and transported in said steamer to the port of San Francisco and delivered to the libelants, 1,067 bags of Santos coffee, weighing 152,764 pounds, the said coffee then being in good order and well conditioned, to be delivered to libelants in like good order that the said steamer did steam on said voyage, and thereafter arrived at the port of San Francisco, and delivered to the libelants the said coffee, but not in the like good order as when delivered to the said ship; but, on the contrary, the said coffee, when delivered to the libelants at the said port of San Francisco, was badly damaged by contact with oil and water, which damage was inflicted upon the said cargo while in the possession of the said ship on the said voyage. It is alleged that the injury to the cargo received on the voyage was more than $10,000.
In claimants' answer the shipment, carriage, and transportation of the coffee from New York to San Francisco and its delivery to the libelants, is admitted; but it denies upon information and belief that at the time of such delivery said coffee was badly or at all damaged by contact with oil and water, or either thereof, and, on the other hand, avers the fact to be that said coffee, if damaged at all, was damaged by a cause specified in the bill of lading as exempting said carrier from liability, to wit, from leakage, breakage, contact with other goods, and perils of the sea.
The matter coming on to be heard by the court, it was admitted at the hearing that the allegations of the libel as to the ownership of the cargo, its receipt by the vessel in good condition, and its delivery in a somewhat damaged condition were true. The court found that the damage to the coffee was not caused by leakage, breakage, contact with other goods, and perils of the sea, or any of them, as alleged in the answer, or at all. The case was thereupon referred to the commissioner to take testimony and assess damages, who heard the testimony introduced by the respective parties and found that:
The consignment of coffee upon which the damage was to be assessed, and for which the steamer Santa Rita had been found liable, arrived at the port of San Francisco during the month of January, 1907; that the coffee was taken from the dock of the steamer's discharge on January 30, 1907, and within six or seven days thereafter, through the agency of a broker, sold as damaged coffee to a coffee jobber in San Francisco for 5 1/4 cents per pound, and within a week thereafter again sold by the purchaser to a coffee buyer in St. Louis for 6 3/4 cents per pound; that considerable expense was had in conditioning the coffee and preparing it for shipment; that other coffee, part of the same general cargo of the steamer, consigned to a coffee firm in San Francisco and damaged from the same cause, was sold in San Francisco in the month of September, 1907, for 6 cents per pound; that the market value of Santos coffee in sound condition in the market of San Francisco at the date of arrival of the Santa Rita was 10 1/2 cents per pound; that the number of pounds of coffee shipped in good order was 152,764 pounds, consisting of 1,067 bags; that the total weight of the coffee delivered was practically the same as the weight shipped.
As a conclusion from the finding the same as the weight shipped. value of the coffee in sound condition to be:
152,764 pounds at 10 1/2 cents per pound . . . $16,040 22
The value of the damaged coffee, to be 152,764 pounds, at 5 1/4 cents per pound . . . 8,020...
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