PORTER AND OTHERS v. BANK LINE, LTD.; MALCOLM & CO. AND OTHERS v. SAME; ROGERS-PYATT SHELLAC CO. v. SAME; RIEGEL SACK CO. v. SAME. (THE "POLERIC.")

(1928) 31 Ll.L.Rep. 115

UNITED STATES CIRCUITCOURT OF APPEALS.(FOURTH CIRCUIT).

Before Circuit Judges Waddill, Parker and Northcott.

Bill of lading-Loss of cargo by fire-Spontaneous combustion - Fire statute of United States-Waiver of statute-Exception clause in bill of lading-". . . all the above exceptions are conditional on the vessel being seaworthy when she sails on the voyage . . ."-Precarious condition of machinery within knowledge of shipowner - Repairs effected after survey, but shipowner's knowledge of defects net communicated to surveyor- Finding that ship was unseaworthy and that there was negligence on shipowners' part-Likelihood of outbreak of fire through spontaneous combustion- Neglect of shipowner to take precautions - Whether unseaworthiness the proximate cause of fire-Unseaworthiness causing sufficient delay for incubation - Judgment for cargo-owners - Appeal dismissed.