James Clark McReynolds

“ In that case, however, there was in the bill of lading an express representation that the merchandise itself was in apparent good order and condition, when it was known to be injured by rain water. Here the parties believed doubtless that the olives would go through, but the ship's agents were not willing to take the risk of any liability which might arise from old casks. No case has gone so far as to hold that a bill of lading containing no words representing the condition of the containers would give rise to an estoppel. ”

“ If the merchandise suffered loss or damage, the ship was relieved from liability by the bills of lading, particularly that clause concerning breakage and fragile containers; also by the Harter Act, approved February 13, 1893. 27 Stat. 445, 446, c. 105 (Comp. St. §§ 8029-8035) .
Upon the indicated issues evidence was taken and the cause went to hearing.
The agent of the owner of the Isla de Panay stationed at Seville, Spain, there accepted the casks of olives (each of them weighed 1,500 pounds of more) and delivered to the consignors bills of lading. ”

“ Failure therein made the fraud upon petitioners possible, and 'where one of two innocent parties must suffer he must bear the loss whose act put it into the power of the third party to commit the wrong.' That section 4 of the Harter Act (Comp. St. § 8032) imposed the positive duty to disclose the containers' bad condition. ”