By contract of character dated February 8, 1915, Manuel Lopez Castelo, as owner, let the small

interisland steamer Batangueño for the term of one year to Jose Lim Chumbuque for use in the
conveying of cargo between certain ports of the Philippine Islands

While the boat was being thus used by the charterer in the interisland trade, the standard Oil
Company delivered to the agent of the boat in Manila a quantity of petroleum to be
conveyed to the port of Casiguran, in the Province of Sorsogon. it was in fact placed
upon the deck of the ship and not in the hold.

While the boat was on her way to the port mentioned, and off the western coast of Sorsogon, a
violent typhoon passed over that region, and while the storm was at its height 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.

To recover the value of the petroleum thus jettisoned but not recovered, the present action was
instituted by the Standard Oil Company against the owner of the ship in the Court of First
Instance of Manila, where judgment was rendered in favor of the plaintiff. From this judgment the
defendant appealed.