The Venner
District Court, E.D. New York
In Admiralty.
1Opinion of the CourtBenedict, J.
If the canary-seed while on board tho vessel was damaged by petroleum, the liability of the vessel for such damage cannot be disputed, whether the damage arose from actual contact with petroleum, or from the fumes of petroleum caused by the heat of the hold. The decisive question of the case is whether the seed was so damaged while on board the vessel. Upon this question of fact the testimony is conflicting, and I am unable to say that Ihe existence of such damage to this seed at the time of its discharge from the ship has been proved. Furthermore, there is uncontradicted testimony that no…
2Cited by1 opinion
- The HudsonDistrict Court, S.D. New York · 1903