Legal Opinion

Eppens, Smith Co. v. Silver Line, Ltd.

Court of Appeals for the Fifth Circuit

Decided June 16, 1942No. 10019PublishedCited by 4 opinions

1Opinion of the Court

HOLMES, Circuit Judge.

In December, 1938, appellant shipped 541 chests of tea aboard appellee’s freighter Silverteak from Batavia, Dutch East Indies, to New York. When the cargo was unloaded in New York nine chests were found to have been damaged by ship’s sweat. This libel was filed against the carrier to recover damages for loss of the tea, and upon trial the court below dis*883missed the action and entered judgment for the carrier; from that judgment this appeal was brought. The only question to be decided is whether or not the carrier sustained the burden, imposed upon it by Section 4,…

2Cases cited1 opinion

  1. The S. S. AsturiasDistrict Court, S.D. New York · 1941

3Cited by4 opinions

  1. Heinrich C. Horn, of the M/s Heinz Horn v. Cia De Navegacion Fruco, S.A. And J. R. Atkins, D/B/A Alabama Fruit and Produce Companu, Cia De Navegacion Fruco, S.A. And J. R. Atkins, D/B/A Albama Fruit and Produce Company v. Heinrich C. Horn, of the M/s Heinz HornCourt of Appeals for the Fifth Circuit · 1969
  2. Horn v. Cia de Navegacion FrucoCourt of Appeals for the Fifth Circuit · 1968
  3. The VizcayaDistrict Court, E.D. Pennsylvania · 1945
  4. Standard Brands, Inc. v. Thos. & Jno. Brocklebank, Ltd.District Court, S.D. New York · 1948

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