The Waldo
District Court, D. Maine
This was a libel in rem, brought for the non-performance of a contract entered into with the master by a bill of lading. The libellant shipped at Bath, on board the schooner Waldo, bound for Atakapas in Louisiana, 141 barrels of potatoes, to be delivered at that port, at the freight of fifty cents a barrel, and consigned to T. H. Merrill, the master, who signed the bill of lading.
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This was a libel in rem, brought for the non-performance of a contract entered into with the master by a bill of lading. The libellant shipped at Bath, on board the schooner Waldo, bound for Atakapas in Louisiana, 141 barrels of potatoes, to be delivered at that port, at the freight of fifty cents a barrel, and consigned to T. H. Merrill, the master, who signed the bill of lading. It is in the common form and is dated Nov. 23, 1840. The potatoes were stowed on deck and well secured there and covered with boards. About the time they were laden, the master was taken sick and unable to go the…
1Opinion of the Court
WARE, District Judge.
In a contract, by a bill of lading, for the transportation of merchandise, the master and owners of a vessel take upon themselves the responsibilities of common carriers. They can excuse themselves for the non-delivery of the goods, only by showing that it was prevented by some fatal accident, against which human prudence could not provide, by an act of the public ’ enemy, or by some event expressly excepted in the instrument itself. 3 Kent. Comm. 216. The master is bound to take the greatest care of the goods, so that they shall not be liable to injury by the motion or…
2Cases cited2 opinions
- Kemp v. CoughtryNew York Supreme Court · 1814
- Williams v. NicholsNew York Supreme Court · 1834
3Cited by2 opinions
- The SarniaCourt of Appeals for the Second Circuit · 1921
- The PelotasDistrict Court, E.D. Louisiana · 1930