Starace v. Compagnie Nationale de Navigation
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. This was a libel by Achille Starace against the steamship Hindoustan (the Compagnie Nationale de Navigation, claimant) to recover damages for deterioration and decay of four shipments of garlic brought from Naples, and consigned to the libelant.
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Appeal from the District Court of the United States for the Southern District of New York. This was a libel by Achille Starace against the steamship Hindoustan (the Compagnie Nationale de Navigation, claimant) to recover damages for deterioration and decay of four shipments of garlic brought from Naples, and consigned to the libelant. The' district court dismissed the libel, and the libelant appeals. . The opinion filed by BROWN, District Judge, in the court below was as follows: Under the bills of lading the burden of proof is upon the libelant to show negligence in the carrier; since the…
1Per curiam
The bills of lading contained the express condition that the carrier should not be liable for “deterioration of fresh fruits or vegetables, ® » » moisture by fresh or salt water, condensation, “ * * decay of every kind or vice propre.” The burden of proof, therefore, was upon the libelant to show that the deterioration or decay might have been avoided by the exercise *796of reasonable skill and attention on the part of the steamship. He contended that there had been insufficient ventilation, but we concur in the finding of the district judge that he has failed to show by a fair preponderance of…
2Cited by6 opinions
- Schnell v. the VallescuraSupreme Court of the United States · 1934
- The Citta Di MessinaDistrict Court, S.D. New York · 1909
- The LennoxDistrict Court, S.D. New York · 1898
- Stiles v. Munson S. S. LinesDistrict Court, E.D. New York · 1930
- Dyal Produce Corp. v. Munson S. S. LineDistrict Court, E.D. New York · 1932
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