The Oneida
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. This is an appeal by the Clyde Steamship Company, as claimant and owner of the steamship Oneida, from the final decree of the District Court of the Southern District of New York, in favor of the libelant, entered February 17, 1903, for the sum of 840,112.82: The libelant, J. Raymond Smith, is assignee of the owners and underwriters of the cargo of the Oneida which was damaged by reason…
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Appeal from the District Court of the United States for the Southern District of New York. This is an appeal by the Clyde Steamship Company, as claimant and owner of the steamship Oneida, from the final decree of the District Court of the Southern District of New York, in favor of the libelant, entered February 17, 1903, for the sum of 840,112.82: The libelant, J. Raymond Smith, is assignee of the owners and underwriters of the cargo of the Oneida which was damaged by reason of the sinking of the ship at Pier 29, East river, New York, on September 21, 1897. The opinion of the District Court…
1Opinion of the Court
COXE, Circuit Judge.
We concur in the conclusion of the District Court that the Oneida was unseaworthy when she left Charleston. A few words only need be added. The burden was upon the claimant to show that the vessel was in a fit condition to transport the cargo undertaken to be carried; in short, that she was seaworthy. The Southwark, 191 U. S. 1, 24 Sup. Ct. 1, 48 L. Ed. —-. This burden has not been sustained. The Oneida was not in a fit condition to carry her cargo to B'os-ton, Mass., having in view all the conditions reasonably to be expected during the voyage. At the time she broke…
2Cases cited9 opinions
- The SouthwarkSupreme Court of the United States · 1903
- Sturgess v. . BissellNew York Court of Appeals · 1871
- Pearse v. Quebec Steam-Ship Co.District Court, S.D. New York · 1885
- The GermanicCourt of Appeals for the Second Circuit · 1903
- ElphickeCourt of Appeals for the Second Circuit · 1903
4 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- The Ansaldo San Giorgio I v. Rheinstrom Brothers Co.Supreme Court of the United States · 1935
- American National Fire Insurance Company v. Yellow Freight Systems, IncorporatedCourt of Appeals for the Seventh Circuit · 2003
- BINL, Inc. v. United StatesUnited States Court of Federal Claims · 2012
- Corsar v. J. D. Spreckels & Bros.Court of Appeals for the Ninth Circuit · 1905
- Smith v. the FerncliffSupreme Court of the United States · 1939
16 more not listed; retrieve them via the Exa API.