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Castelo
Facts
Manuel Lopez Castelo, as owner, let the small interisland steamer Batangueno
for one year to Jose Lim Chumbuque (hahaha) for use in the conveying of cargo
between certain PH ports.
o It was stipulated that the officers and crew should be supplied by owner,
and that charterer should have no other control over the captain, pilot, and
engineers to specify the voyages that they should make and require owner
to discipline or relieve them asap in case of failure to perform duties.
While the boat was being used by the charterer in the interisland trade, Standard
Oil delivered to the agent of the boat in Manila petroleum to be conveyed to
Sorsogon. For this consignment a bill of lading of the usual form was delivered,
with the stipula tion that freight should be paid at the destination. Said bill of
lading contained no provision with respect to the storage of the petroleum, but it
was in fact placed upon the deck of the ship and not in the hold.
A violent typhoon occurred, so the captain was compelled for the safety of all to
jettison the entire consignment of petroleum consisting of two hundred cases.
When the storm abated the ship made port, and thirteen cases of the petroleum
were recovered, but the remainder was wholly lost.
o Standard Oil filed against Castelo -> CFI in favor of Standard Oil.
As to liability: shipper may go upon the owner, who in turn may have his recourse for
indemnization against his captain.