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UNION CARBIDE PHILIPPINES INC. vs. M'LA RAILROAD CO.

UNION CARBIDE PHILIPPINES, INC. (formerly National Carbon Philippines, Inc.), plaintiff-appellant, vs. MANILA RAILROAD CO., substituted by the PHILIPPINE NATIONAL RAILWAYS, MANILA PORT SERVICE and AMERICAN STEAMSHIP AGENCIES, INC., defendants- appellees.

G.R. No. L-27798 | 1977-06-15

AQUINO, J.:

This is an admiralty and arrastre case. On December 18, 1961 the vessel Daishin Maru arrived in Manila with a cargo of 1,000 bags of synthetic resin consigned to General Base Metals, Inc. which later sold the cargo to Union Carbide Philippines, Inc.

On the following day, December 19, that cargo was delivered to the Manila Port Service in good order and condition except for twenty- five bags which were in bad order (Par. IV and Annexes C to C-25 of Stipulation of Facts).

On January 20 and February 6 and 8, 1962 eight hundred ninety-eight (898) bags of resin (out of the 1,000 bags) were delivered by the customs broker to the...