The hearing was resumed by Judge Lobingier at U. S. Court on Tuesday of the action by Nanyang Bros. Tobacco Ca. against the Greenstar Steamship Ca., for G$198,970.44, for alleged negligence in loading, shipping, stowing and discharge a consignment of tobacco. the petition states that out of 1,808 hogs heads, 404 were so damaged and the contents so mixed and intermingled that it was impossible for plaintiffs to segregate the various grades. The defence set forth that the suit was not brought within the time limit prescribed in the bill of Lading.
Mr. F. J. Schuh! appeared for plaintiffs; Mr. J. B. Davies an Mr. R. T. Bryan with Mr. A. E. Seddon for defendants.
Mr. Davies announced that both sides had agreed to stipulate as to the facts in the case, and also with regard to the issues which they would ask the Court to decide. The case would resolve itself into a question of law, and he suggested that the parties should draw up the—stipulations immediately.
Mr. Schuhl, for plaintiffs, recalled that evidence, already taken before the U. S. Commissioner, had not been put before the Court. The whole question in the case was whether a certain clause in the bill of lading was valid. That clause provided that a suit must be instituted within three months after the removal of the goods the wharf.
The stipulations, setting forth facts already brought out, and citing the limitation clause referved to in the bill of lading, were subsequently drawn up and agreed to by the parties.
Text read from the printed page and cleaned; old type leaves the occasional error.