Citations
- 2 F. Supp. 497
Full opinion text
ADLER, District Judge.
The steamer W. C. Franz with a cargo of wheat belonging to libelant sailed from Port Arthur, Ontario, for Buffalo, on October 23, 1929. She was duly inspected before sail-" ing. I find that her officers and crew were competent. Immediately after leaving Port Arthur she ran into heavy weather and proceeded as far as Thunder Cape, but the weather was considered too heavy to proceed farther and the ship ran into Thunder Bay and anchored, where- she remained until the morning of October 24th, when she proceeded on her voyage to Buffalo. On the arrival of the Franz at Buffalo, it was found, that about twelve hundred bushels of wheat in hold No. 3 and a small quantity of wheat in hold No. 2 was damaged by water. Cargo-hold No. 3 was located next to the engine room space and separated from it by a watertight bulkhead. On the floor o-f the engine room, at the bulkhead between the engine room and No-. 3 cargo hold, on the starboard side, is a manifold slightly above the floor and .from its- top a pipe leads to -a six-inch disk in the bulkhead valve, controlled by a wheel, and from that valve there is a suction pipe into No. 3 hold. From the, underside of the manifold, suction pipes lead to the three starboard tanks and to the tank under the engine room. On these pipes are six-inch