Astsrup v. Lewy
District Court, S.D. New York
The above libel in personam was brought to recover the sum of $1,566.62 freight for 941 bales and 66 bags of rags shipped on the bark Exeellenzen Sibbern, at Libau, April 22, 1880, to be delivered in New York. The libel in rein was brought to recover damages for the non-delivery of 524 bales and 28 bags, part of the above shipment, valued at $15,000. The rags not delivered were sold by the master at Cowes, at which port he had been obliged to put in, in distress..
Read the full summary
The above libel in personam was brought to recover the sum of $1,566.62 freight for 941 bales and 66 bags of rags shipped on the bark Exeellenzen Sibbern, at Libau, April 22, 1880, to be delivered in New York. The libel in rein was brought to recover damages for the non-delivery of 524 bales and 28 bags, part of the above shipment, valued at $15,000. The rags not delivered were sold by the master at Cowes, at which port he had been obliged to put in, in distress.. The cargo was there unloaded for the purpose of repairing the ship, and a portion of the rags being found so damaged by wet, heat,…
1Opinion of the CourtBrown, J.
Upon the evidence in this ease- it must be held that the sinking of the keel and bottom of the bark prior to her arrival at Cowes was an unusual and extraordinary occurrence. Camming, a stevedore, one of the experts in behalf of the vessel, testified that-with heavy cargoes on the ship’s bottom, it was not unusual that there should be a sinking of from one to three inches, but that he never knew of a case of a sinking of five inches; and that, in his judgment, 150 tons, with possibly 20 additional, would have been a suitable weight over a space of from 40 to 60 feet along the center of the…
2Cases cited8 opinions
- Clark v. BarnwellSupreme Court of the United States · 1852
- Pope v. NickersonU.S. Circuit Court for the District of Massachusetts · 1844
- The AmelieSupreme Court of the United States · 1868
- The" Julia Blake"Supreme Court of the United States · 1883
- Butler v. . MurrayNew York Court of Appeals · 1864
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- American Asiatic Co. v. Robert Dollar Co.Court of Appeals for the Ninth Circuit · 1922
- Grace v. The Mauna LoaDistrict Court, S.D. New York · 1896
- The HumarockDistrict Court, S.D. Georgia · 1916
- The YarkandDistrict Court, S.D. Alabama · 1902