HILLS BROTHERS COMPANY v. UNITED STATES OF AMERICA.

(1930) 37 Ll L Rep 49

UNITED STATES.DISTRICT COURT FOR THESOUTHERN DISTRICT OFNEW YORK.

Before Mr. Justice Woolsey.

General average - Contribution - Deterioration of cargo-Figs shipped in respondent's steamship Casey - Casualty to Casey necessitating permanent repairs at port of refuge-Figs discharged and transhipped into respondent's steamship Ossa-Whether deterioration a direct consequence of the prolongation of the voyage resulting from the general average act of the master of the Casey in putting into port of refuge and staying there for repairs - Held, that the immediate cause of the deterioration was the vice propre of the figs and that, even though that deterioration was probably aggravated by the delay, there was no right to claim contribution.