Compania Maritima v. Insurance Company of N. America

February 23, 2018 | Author: Vince Montealto | Category: Cargo, Bill Of Lading, Water Transport, Shipping, Common Law
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COMPANIA MARITIMA V. INSURANCE COMPANY OF NORTH AMERICA FACTS: 1. Macleod and Company of the PH contracted Compañia Maritima, a shipping corporation, for the shipment of 2,645 bales of hemp from the former’s private pier at Davao City to Manila and for their subsequent transfer to Boston. 2. The hemp was loaded in 2 barges, and the patron who manned these barges issued a carrier receipt which states that it is received in behalf of the SS Bowline Knot (ship of Compania) for transshipment at Manila 3. Thereafter, the 2 loaded barges left Macleod’s wharf and proceeded to and moored at the government’s marginal wharf. During that night, the barges sank resulting in the damage or loss of 1, 162 bales of hemp. 4. Macleod notified the carrier’s main office of its liability. 5. Since Macleod insured the hemp from the Petitioner, the former filed a claim for the damaged hemp with the latter which was granted. 6. Petitioner being subrogated of the right of Macleod, filed a collection of sum of money against Compania since the latter refused to pay the damage. 7. TC: ordered to pay petitioner. 8. CA: affirmed. ISSUE: 1. Was there a contract of carriage between the carrier and the shipper even if the loss occurred when the hemp was loaded on a barge and was not actually loaded in the SS Bowline Knot (ship) which would carry the hemp to Manila?

2. Was the damage caused to the cargo or the sinking of the barge where it was loaded due to a fortuitous event, storm or natural disaster that would exempt the carrier from liability HELD: First Issue: YES 1. The patrons of the barges were employees of the carrier with due authority to undertake the transportation and to sign the documents that may be necessary therefor so much so that the patron of the barge signed the receipt (see fact #2). 2. The fact that the carrier sent its lighters free of charge to take the hemp from Macleod’s wharf does not in any way impair the contract of carriage already entered into between the carrier and the shipper, for that preparatory step is but part and parcel of said contract of carriage. 3. Once the hemp was delivered to the carrier’s employees, the rights and obligations of the parties attached thereby subjecting them to the principles and usages of maritime law. 4. Therefore, here we have a complete contract of carriage the consummation of which has already begun: the shipper delivering the cargo to the carrier, and the latter taking possession thereof by placing it on a barge manned by its authorized employees. 5. The liability and responsibility of the carrier under a contract for carriage of goods commence on their actual delivery to, or receipt by, the carrier or an authorized agent. 6. Delivery to a lighter (barge) in charge of a vessel for shipment on the vessel, where it is a custom to deliver that way, is a good delivery and binds the vessel, the liability commencing at the time.

7. Test on whether the relation of shipper and carrier had been established: Had the control and possession of the goods had been completely surrender by the shipper to the company? 8. Bill of Lading is not indispensable to the contract of carriage. Second Issue: NO 1. The evidence fails to bear this out. Rather, it shows that the mishap that caused the damage or

loss was due, not to force majeure, but to lack of adequate precautions or measures taken by the carrier to prevent the loss. a. The ill-fated barge had cracks on its bottom which admitted sea water in the same manner as rain entered "thru tank manholes" b. It should be noted that on the night of the nautical accident there was no storm, flood, or other natural disaster or calamity.

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