Citadel vs. CA, G.R. No. 88092. A TRANSPORTATION CASE. BY C Y.

Citadel vs. CA

FACTS.
1. Cardigan Bay Straight Inc. from Ingland loaded on board of the vessel of Citadel Line Inc. an imported british cigarettes to be brought to Manila.
2. 2. The cargoe was addressed to Manila wine Inc as consignee.
3. When the cargoe arrived at Manila, it was found out that 90 cases of the imported British cigarettes was missing.
4. So the consignee filed a case against the citadel to recover damages.
5. Citadel denied any liability claiming that when it arrived at pier 13 in Manila, the custody over the cargoe was transferred to the custody of E. RAZON
INC.
ISSUE.
WHETHER OR NOT, THE CARGOE WAS LOSS WHILE IT IS IN THE COSTODY OF CITADEL OR E. RAZON INC.
According to the Supreme Court, The evidence show that when the cargoe arrived at Manila, it was not immidietly transferred to the custody of E. RAZON
INC. but was kept on one of the van of the citadel.
So it is still in the custody of the petitioner when the loss occurred.