Steam-Ship Co. Carl v. Hagemeyer
District Court, S.D. New York
In Admiralty. Cross-suits for freight and damage to cargo.
1Opinion of the CourtBrown, J.
The above are cross-libels, — the first to recover freight on a cargo of barley shipped on the steam-ship Dan, at Copenhagen, in February, 1888, to be delivered in New York; the second, for damages to the barley, through alleged negligence in stowing it against an iron bulkhead abaft the engine-room, whereby it became injured through heat. As the Dan was chartered to transport this specific cargo only, she was not a common carrier. Sumner v. Caswell, 20 Fed. Rep. 249. She was therefore not an insurer of the safe delivery of the cargo, and can be held only upon proof of negligence. The…
2Cases cited3 opinions
- Clark v. BarnwellSupreme Court of the United States · 1852
- Lamb v. ParkmanDistrict Court, D. Massachusetts · 1857
- Baxter v. LelandU.S. Circuit Court for the District of Southern New York · 1849
3Cited by9 opinions
- Myrtle Point Transp. Co. v. Port of Coquille RiverOregon Supreme Court · 1917
- The WildenfelsCourt of Appeals for the Second Circuit · 1908
- The Hog IslandDistrict Court, E.D. New York · 1930
- The PawneeDistrict Court, E.D. Michigan · 1913
- Georgia Public Service Commission v. TaylorSupreme Court of Georgia · 1931
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