Legal Opinion
Kilthau v. International Mercantile Marine Co.
New York Court of Appeals
Decided May 31, 1927PublishedCited by 25 opinions
1Opinion of the CourtLehman, J.
The defendant carrier received in San Francisco several thousand bags of flour consigned to New York. The plaintiff is the owner of the flour through purchase of the bills of lading. The flour was stowed in a cargo space in defendant’s steamer Kroonland. Part of the flour was found on delivery in New York “ to be tainted with the odor of said shingles, and was thereby damaged.” The defendant does not dispute liability for such damage. The controversy concerns the measure of its liability. The parties have submitted the controversy upon agreed facts.
The plaintiff was entitled to receive the…
2Cases cited5 opinions
- Phœnix Insurance v. Erie & Western Transportation Co.Supreme Court of the United States · 1886
- Union Pacific Railroad v. BurkeSupreme Court of the United States · 1921
- St. Johns N. F. Shipping Corp. v. . S. A. Companhia Geral Commercial Do Rio De JaneiroSupreme Court of the United States · 1923
- Tewes v. North German Lloyd Steamship Co.New York Court of Appeals · 1906
- Boyle v. . Bush Terminal R.R. Co.New York Court of Appeals · 1914
3Cited by25 opinions
- F. A. Straus & Co. v. Canadian Pacific Railway Co.New York Court of Appeals · 1930
- Conklin v. Canadian-Colonial Airways, Inc.New York Court of Appeals · 1935
- Kerr Steamship Co. v. Radio Corp. of AmericaNew York Court of Appeals · 1927
- Lichten v. Eastern Air Lines, Inc.District Court, S.D. New York · 1949
- Smith v. the FerncliffSupreme Court of the United States · 1939
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