Pennsylvania R. Co. v. Burr
Court of Appeals for the Second Circuit
In Error to the Circuit Court of the United States for the Southern District of New York. This cause comes here upon writ of error to review a judgment of the Circuit Court, Southern District of New York, against plaintiff in error, who was defendant below. The judgment was entered upon a verdict directed by the court.
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In Error to the Circuit Court of the United States for the Southern District of New York. This cause comes here upon writ of error to review a judgment of the Circuit Court, Southern District of New York, against plaintiff in error, who was defendant below. The judgment was entered upon a verdict directed by the court. The action was upon a bill of lading, to recover for injury to certain straw braid damaged by the carelessness of defendant during transportation from China to New York.
1Opinion of the Court
EACOMBE, Circuit Judge.
The bill of lading contains the usual clause that in case of loss, either partial or total, damage shall be ascertained and adjusted on the basis of the cash value of the goods at the original port of shipment at the time of shipment, and the further clause:
“In case of loss or damage of any of the goods named tn this bill of lading for which the [company] may be liable it is agreed and understood that it may have the benefit of any insurance effected by or on account of the said goods.”
It was held in Phœnix Ins. Co. v. Erie Transportation Company, 117 U. S. 312, 6 Sup.…
2Cases cited3 opinions
- Railroad Co. v. LockwoodSupreme Court of the United States · 1873
- Phœnix Insurance v. Erie & Western Transportation Co.Supreme Court of the United States · 1886
- Inman v. South Carolina Railway Co.Supreme Court of the United States · 1889
3Cited by14 opinions
- The Turret CrownCourt of Appeals for the Second Circuit · 1924
- Bolton v. ZieglerDistrict Court, N.D. Iowa · 1953
- Automobile Ins. Co. of Hartford v. Springfield Dyeing Co.Court of Appeals for the Third Circuit · 1940
- EMPLOYERS'FIRE INSURANCE CO., BOSTON, MASS. v. BehuninDistrict Court, D. Colorado · 1967
- Virginia-Carolina Chemical Co. v. Chesapeake Lighterage & Towing Co.Court of Appeals for the Second Circuit · 1922
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