Legal Opinion

Ionion Steamship Company of Athens v. United Distillers of America, Inc

Court of Appeals for the Fifth Circuit

Decided July 20, 1956No. 15811_1PublishedCited by 30 opinions

1Opinion of the Court

JOHN R. BROWN, Circuit Judge.

The District Court, on the cargo owner’s libel for damage, held that the strandings of The Ionian Pioneer as she left San Pedro de Macoris, the second of two loading ports under a molasses voyage charter, and again while leaving Nue-vitas, Cuba, a claimed port of refuge, were caused by the owner’s failure to make the vessel seaworthy. With this fell the shipowner’s cross libel for General Average contributions. Defending against these acknowledged strandings, the shipowner claimed that, at least at San Pedro, it was a navigational error excused under the charter…

2Cases cited46 opinions

  1. Southern Railway Co. v. PrescottSupreme Court of the United States · 1916
  2. Commercial Molasses Corp. v. New York Tank Barge Corp.Supreme Court of the United States · 1941
  3. The SouthwarkSupreme Court of the United States · 1903
  4. Schnell v. the VallescuraSupreme Court of the United States · 1934
  5. The FolminaSupreme Court of the United States · 1909

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3Cited by30 opinions

  1. Saskatchewan Government Insurance Office v. Spot Pack, Inc.Court of Appeals for the Fifth Circuit · 1957
  2. Gulfstream Cargo, Ltd. v. Reliance Insurance CompanyCourt of Appeals for the Fifth Circuit · 1969
  3. June T. Inc. v. Arnold Ray KingCourt of Appeals for the Fifth Circuit · 1961
  4. Marion Lee Avera and Daniel J. Avera v. Florida Towing Corporation, Florida Towing Corporation v. Marion Lee Avera and Daniel J. AveraCourt of Appeals for the Fifth Circuit · 1963
  5. William F. Walker, Jr., Claimants-Appellants v. Arthur E. Harris, D/B/A Arthur Harris Marine TowingCourt of Appeals for the Fifth Circuit · 1964

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