MARITIME CASES

An act or omission of the shipper. In 1945, a shipper packed a complete wax museum in crates and barrels and described the cargo as 40 barrels and crates of wax museum pieces. The shipment was bound for Honolulu, T. H., and a bill of lading was issued.

Actually, the shipment consisted of some plaster figurines and wax pieces depicting various parts of the human anatomy. Some of these pieces were contained in glass showcases. The tariff rates in effect at that time called for $8.25 per measurement ton for wax objects as described in the bill of lading. The rate for plaster figurines of the type contained in the shipment was $11.25 per measurement ton, with the carrier assuming the risk.

Upon discharge, damage reports were made out because it was found that almost every container was damaged to some extent. When the owner of the cargo brought suit to recover the cost of the damaged pieces, the court held that the carrier was not liable because the shipper failed to disclose the true nature of the cargo and actually received a lower freight rate because of the description given the shipment. Furthermore, there was no liability because there was insufficient evidence to prove that the pieces were properly packed in the first place. (1947-AMC-1082)

MARINE CARGO OPERATIONS

Copied from a book of Captain Charles L. Sauerbier, USNRMaster Mariner