Consumers Import v. Kabushiki Kaisha, 320 U.S. 249 (1943)

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Consumers Import v. Kabushiki Kaisha Kawasaki Zosenjo

No. 32

Argued October 21, 1943
Decided November 8, 1943
320 U.S. 249

CERTIORARI TO THE CIRCUIT COURT OF APPEALS

FOR THE SECOND CIRCUIT

Syllabus

1. For damage to cargo by fire not caused by the "design or neglect" of the shipowner, the Fire Statute extinguishes claims against the vessel as well as claims against the owner. P. 253.

2. That the contracts of affreightment were signed "for master" does not require a different result. P. 252.

3. There was in this case no waiver of immunity under the Fire Statute. P. 254.

4. The Etna Maru, 33 F.2d 232, to the extent that it conflicts herewith, is disapproved. P. 256.

133 F.2d 781 affirmed.

Certiorari, 319 U.S. 73, to review the affirmance of a decree (39 F.Supp. 349) which, in a suit by cargo claimants, exonerated the owner and bareboat charterer of the vessel from liability for damage by fire.