Botany Worsted Mills v. Knott
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. These were libels filed respectively by the Botany Worsted Mills and by Henry P. Winter and others against James Knott, owner of the Portuguese Prince, to recover for damage to a cargo of wool shipped from Pernambuco lo New York, such damage having occurred by the drainage forward of wet sugar stowed next aft of the wool, and separated therefrom by a temporary bulkhead.
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Appeal from the District Court of the United States for the Southern District of New York. These were libels filed respectively by the Botany Worsted Mills and by Henry P. Winter and others against James Knott, owner of the Portuguese Prince, to recover for damage to a cargo of wool shipped from Pernambuco lo New York, such damage having occurred by the drainage forward of wet sugar stowed next aft of the wool, and separated therefrom by a temporary bulkhead. The district court entered a decree for the libelants (76 Fed. 58.2), and the respondent has appealed. ' «
1Per curiam
We agree in this case with the court below that the damage to the wool of the libelant was due, not to “fault or error in the management or navigation of the vessel,” but to negligence in the loading or stowage of the cargo; and deem it unnecessary to add anything to the observations of Judge Brown upon the point. A majority of the court also concur in the conclusions of the court below that the exception in the bill of lading for liability for “damage by stowage, * * though caused by the negligence of the master,” notwithstanding the provision that the contract should be governed by the law…
2Cases cited3 opinions
- Spreckels Sugar-Refining Co. v. GlenmavisDistrict Court, E.D. Pennsylvania · 1895
- Marx v. The TrinacriaDistrict Court, S.D. New York · 1890
- Monroe v. The IowaDistrict Court, D. Massachusetts · 1892
3Cited by6 opinions
- The FriCourt of Appeals for the Second Circuit · 1907
- The New EnglandDistrict Court, D. Massachusetts · 1901
- Lazarus v. BarberCourt of Appeals for the Second Circuit · 1905
- KensingtonCourt of Appeals for the Second Circuit · 1899
- The FreyDistrict Court, S.D. New York · 1899
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