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MUNSON S. S. LINE v. ROSENTHAL

6 F.Supp. 374 (1933)

MUNSON S. S. LINE v. ROSENTHAL. ROSENTHAL v. MUNSON S. S. LINE.

District Court, S. D. New York.

December 29, 1933.

Attorney(s) appearing for the Case

Irving L. Evans and Kirlin, Campbell, Hickox, Keating & McGrann, all of New York City (L. De Grove Potter and William H. Postner, both of New York City, of counsel), for Munson S. S. Line.

Ben Rosenthal, of Brooklyn, N. Y., and Harry S. Thirkield, of New York City (Gregory S. Rivkins, of New York City, of counsel), for Sam Rosenthal.

PATTERSON, District Judge.

The Munson Line brought suit against Rosenthal to recover $1,028.85, representing freight and charges on a shipment of tomatoes carried on the steamship Pan America from Nassau to New York and delivered here to Rosenthal. The latter filed a cross-libel against the Munson Line for $8,500, alleged to be the damage to the tomatoes caused by the carrier's negligence in transit.

The tomatoes, packed in 2,372 crates, were shipped by one...

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