O'Brien v. Gilchrist
Supreme Judicial Court of Maine
On Exceptions from the District Court, Rice, J. The defendant was master of the schooner Grecian. She was lying at the port of King William in Virginia. The plaintiff shipped on board of her a quantity of oak timber to go on freight to East Thomaston in Maine.
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On Exceptions from the District Court, Rice, J. The defendant was master of the schooner Grecian. She was lying at the port of King William in Virginia. The plaintiff shipped on board of her a quantity of oak timber to go on freight to East Thomaston in Maine. The bifl of lading, signed by the defendant, contained the following expressions : — “ Shipped in good order and condition, by Seth O’Brien, in and upon the good schooner called the Grecian, whereof Cornelius Gilchrist is master for the present voyage, and now lying in the port of King William, and bound for East Thomaston, viz: — “…
1Opinion of the CourtAppleton, J.
That a receipt may be contradicted by pa-rol evidence, has long been considered well settled law. The bill of lading, so far as regards the condition of the goods shipped, is prima fade evidence of a high nature, but not conclusive. Barrett v. Rogers, 7 Mass. 297. The master of a vessel is not authorized to open the packages to ascertain their condition. The principles of public policy and the convenience of transportation forbid that boxes, bales, &c. should be opened and inspected before receipted for by carriers. They therefore, may show that they were damaged before coming into their…
2Cases cited2 opinions
- Barrett v. RogersMassachusetts Supreme Judicial Court · 1811
- Wayland's Adm'r v. MoselySupreme Court of Alabama · 1843
3Cited by3 opinions
- Louisville, Evansville & St. Louis Railroad v. WilsonIndiana Supreme Court · 1889
- Choate v. CrowninshieldU.S. Circuit Court for the District of Massachusetts · 1868
- Sutton v. KettellDistrict Court, D. Massachusetts · 1855