The Diadem
District Court, E.D. New York
This was an action to recover the value of certain casks of wine, which were shipped ■on board the bark Diadem at Marseilles, consigned to order at New York.
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This was an action to recover the value of certain casks of wine, which were shipped ■on board the bark Diadem at Marseilles, consigned to order at New York. Upon the arrival of the vessel in New York, the consignees of the bark published the usual notice of the arrival of the vessel, stating her place of discharging, calling on consignees to attend to the receipt of their goods, and giving notice that all goods remaining on the wharf after five o'clock p. m.. would be stored at the risk and expense of the consignees. Under this notice the vessel began to discharge, and thirty-five of the…
1Opinion of the Court
BENEDICT, District Judge.
As to the claim for the wine lost from the two casks. 1 am of the opinion, that upon the proofs the li-bellant cannot recover that portion of his demand. The cause of the loss of the wine, was doubtless owing to the pressure of the cargo, and the heavy weather. The proofs do not make out a case of bad stowage; and if they did the ship would not be responsible, as this wine was stowed in the ship by stevedores employed, directed and paid by the shippers of the wine.
■ As to the four casks demanded on Saturday and not delivered. I consider the libellant entitled to…
2Cited by4 opinions
- The Oakley C. CurtisCourt of Appeals for the Second Circuit · 1924
- The T. A. GoddardDistrict Court, S.D. New York · 1882
- The KaupangerDistrict Court, S.D. New York · 1917
- Guerard v. The LovspringDistrict Court, D. South Dakota · 1890