The Pereire
District Court, E.D. New York
A French manufacturing corporation shipped plate glass by steamer from Havre to tlieir agents in New York, tinder a bill of lading, which, by its terms, exempted the ship from liability for breakage. There were fifty cases of different sizes, some very large.
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A French manufacturing corporation shipped plate glass by steamer from Havre to tlieir agents in New York, tinder a bill of lading, which, by its terms, exempted the ship from liability for breakage. There were fifty cases of different sizes, some very large. When the cargo was unloaded at New York, four cases were put by themselves on the dock, and were there inspected by an agent of Noel & Saurel, the consignees, who at first refused to receive them, claiming that the glass was broken, but finally took them away. "When the cases were afterwards opened in store, it appeared that in three of…
1Opinion of the Court
BENEDICT, District Judge.
This action is brought to recover damages for the breaking of plates of glass, while being transported on board the steamship Pereire from Havre to New York.
The bill of lading, by its terms, exempts the ship from liability for breakage. In order, therefore, to maintain this action, it is necessary for the libellants to prove some negligent act on the part of the steamer in the transportation of the glass, and that such act caused the breakage in-question.
Two different acts of negligence are assigned by the libellants as the cause of this breakage: one is that, in…
2Cited by4 opinions
- The LennoxDistrict Court, S.D. New York · 1898
- The FreyDistrict Court, S.D. New York · 1899
- Wolff v. VaderlandDistrict Court, S.D. New York · 1883
- The TommyDistrict Court, S.D. New York · 1883