Machey v. United States‪.‬

This case involves a shipment of coffee for carriage from Cape Haitien, Haiti, to New Orleans, Louisiana, on the steamer Yoro, of which the United States was bareboat charterer and operator. The appeal from the final decree brings up for review the interlocutory decree, entered October 29, 1948, which held the United States liable for loss of, and damage to, the shipment during a sudden storm which occurred while part of the shipment was still on the shippers lighters which had been tied up alongside the Yoro pursuant to instructions given by the ship. The district court held that the libelants cargo had been delivered to the respondent and was in its actual custody and control at the time of the loss and damage, and that the respondent thereafter failed to exercise due diligence in the handling and care of the cargo, as required by section 3(2) of the Carriage of Goods by Sea Act, 46 U.S.C.A. § 1303(2).