Legal Opinion

The C. W. Elphicke

District Court, W.D. New York

Decided June 13, 1902PublishedCited by 3 opinions

In Admiralty. Suit to recover for damage to cargo.

1Opinion of the Court

HAZEL, District Judge.

The libel in this cause was filed against the steamship C. W. Elphicke for damages to her cargo of flaxseed during a voyage on the Great Lakes from the port of Duluth, Minn., to the port of Buffalo, N. Y. The damages sustained by the Albert Dickinson Company, owners of the cargo, were paid by libelants,, marine insurance companies, which thereupon became subrogated to the rights of the cargo owners. The respondent claims that the damage was occasioned solely through perils of the sea. The proofs on the main issue of the Elphicke’s seaworthiness at the commencement of the…

2Cases cited4 opinions

  1. International Navigation Co. v. Farr & Bailey Manufacturing Co.Supreme Court of the United States · 1901
  2. The FreyCourt of Appeals for the Second Circuit · 1901
  3. Bancroft-Whitney Co. v. The QueenDistrict Court, N.D. California · 1896
  4. The AggiDistrict Court, E.D. New York · 1899

3Cited by3 opinions

  1. The Presque IsleDistrict Court, W.D. New York · 1905
  2. Davidson S. S. Co. v. 119,254 Bushels of FlaxseedDistrict Court, W.D. New York · 1902
  3. Wright v. W. R. Grace & Co.District Court, W.D. Washington · 1913

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