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Shell Chemical Company (Philippines),Inc. vs. Manila Port Service

SHELL CHEMICAL COMPANY (PHILIPPINES), INC., plaintiff-appellee, vs. MANILA PORT SERVICE and/or MANILA RAILROAD COMPANY, later substituted by PHILIPPINE NATIONAL RAILWAYS, defendant-appellant.

G.R. No. L-28145 | 1976-07-07

D E C I S I O N

AQUINO, J:

Shell Chemical Company (Philippines), Inc. was the consignee of fifteen drums of synthetic resin shipped by Asiatic Petroleum Corporation of New York on board the SS Fernview. That vessel arrived at the port of Manila on August 7, 1962. On the following day, August 8, the said cargo was unloaded and delivered in good order to the Manila Port Service, the arrastre operator, a subsidiary of the Manila Railroad Company, now the Philippine National Railways.

The Manila Port Service delivered to Shell Chemical Company on September 7, 1962 fourteen drums. One drum was missing. On January 25, 1963 Shell Chemical...