Legal Opinion

Franklin Sugar Refining Co. v. Red Cross Line

Court of Appeals for the Second Circuit

Decided May 28, 1895PublishedCited by 14 opinions

Appeal from the District Court of the United States for the Southern District of New York. This was a libel by the Franklin Sugar Befining Company against the steamship Silvia to recover for damage to cargo. The district court dismissed the libel (64 Fed. 607), and the libelant appeals.

1Opinion of the Court

WALLACE, Circuit Judge.

The cargo for the injury to which this suit was brought was shipped at Matanzas for Philadelphia under a bill of lading which provided for the delivery in good order and well conditioned, “the dangers of the seas only excepted.” It was injured *231by sea water-, Avhich came through a port in one of the compartments of the between decks, which had been recently fitted up to carry steerage passengers, but which at the time was only used for the storage of ropes and extra gearing. The port was one of several in the. compartment, was of the diameter of eight inches, was…

2Cases cited2 opinions

  1. The CaledoniaSupreme Court of the United States · 1895
  2. The Edwin I. MorrisonSupreme Court of the United States · 1894

3Cited by14 opinions

  1. J. Aron & Co. v. DannebrogCourt of Appeals for the Second Circuit · 1923
  2. The British KingDistrict Court, S.D. New York · 1898
  3. American Sugar-Refining Co. v. SandfieldDistrict Court, S.D. New York · 1897
  4. Stahl v. The NiagaraDistrict Court, S.D. New York · 1896
  5. Welsh v. The AlvenaDistrict Court, S.D. New York · 1896

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