Carter v. The Mascotte
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. In Admiralty. Libel by Carter and others against the steamship Mascotte for damage to cargo. The cause was tried, together with another suit between the same parties, to recover the extra cost caused by discharging certain tea in Brooklyn instead of within the “tea district,” on the New York side of the East river. Decree for libelants. 48 Fed. Kep. 119. Claimants of the vessel appeal.
Read the full summary
Appeal from the District Court of the United States for the Southern District of New York. In Admiralty. Libel by Carter and others against the steamship Mascotte for damage to cargo. The cause was tried, together with another suit between the same parties, to recover the extra cost caused by discharging certain tea in Brooklyn instead of within the “tea district,” on the New York side of the East river. Decree for libelants. 48 Fed. Kep. 119. Claimants of the vessel appeal. The opinion below, in so far as it concerns this' suit, was as follows: “As respects the claim for damage to tea caused…
1Opinion of the Court
Wallace, Circuit Judge.
We agree with the learned district judge who decided this cause in the court below, that the libelants have a sufficient ease for the recovery of their damages, by reason of nondelivery of their cargo in good order and condition. The burden of proof is on the steamship to overcome the effect of the acknowledgment in the bill of lading of the reception of the goods on board “ in good order and condition,” and the evidence introduced on her behalf is not sufficient to overcome the effect of this recital. The decree is affirmed'.
2Cited by8 opinions
- Pacific Coast S. S. Co. v. Bancroft-Whitney Co.Court of Appeals for the Ninth Circuit · 1899
- Bregaro v. The CenturionDistrict Court, S.D. New York · 1893
- The PhoeniciaDistrict Court, S.D. New York · 1898
- Bancroft-Whitney Co. v. The QueenDistrict Court, N.D. California · 1896
- The LennoxDistrict Court, S.D. New York · 1898
3 more not listed; retrieve them via the Exa API.