Legal Opinion

The Southwark

Supreme Court of the United States

Decided October 19, 1903No. 12PublishedCited by 229 opinions

CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE THIRD CIRCUIT. ‘ This case originated in a libel in rem filed in the District Court of the United- States for the Eastern. District of- Pennsylvania, to recover for the loss of a quantity, of dressed beef, shipped by the libellants on the steamer Southwark, a Vessel belonging to the respondent, the International Navigation Company.

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CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE THIRD CIRCUIT. ‘ This case originated in a libel in rem filed in the District Court of the United- States for the Eastern. District of- Pennsylvania, to recover for the loss of a quantity, of dressed beef, shipped by the libellants on the steamer Southwark, a Vessel belonging to the respondent, the International Navigation Company. The meat was required to be kept chilled during the passage, and the -ship was engaged in the business of carrying such freight and was fitted with a refrigerating apparatus for the purpose. The meat was received…

1Opinion of the CourtJustice Day

Before the passage of the act of Congress of February 13, 189§, 27 Stat. 445, c. 105; 3- Comp. Stat. U. S. 2946, known as the Harter Act, it was the settled law of this court that, in the absence of special contract, there was a warranty upon, the part of the ship owner, that the ship was seaworthy at the beginning of her voyagé. The warranty was absolute and did not depend upon the knowledge of the owner or the diligence of his efforts to provide a seaworthy vessel. The Caledonia, 157 U. S. 124; The Edwin I. Morrison, 153 U. S. 199; The Irrawaddy, 171 U. S. 187.

After its passage, this act…

2Cases cited10 opinions

  1. The SilviaSupreme Court of the United States · 1898
  2. The CaledoniaSupreme Court of the United States · 1895
  3. The Edwin I. MorrisonSupreme Court of the United States · 1894
  4. The DelawareSupreme Court of the United States · 1896
  5. International Navigation Co. v. Farr & Bailey Manufacturing Co.Supreme Court of the United States · 1901

5 more not listed; retrieve them via the Exa API.

3Cited by229 opinions

  1. Mitchell v. Trawler Racer, Inc.Supreme Court of the United States · 1960
  2. Boudoin v. Lykes Bros. Steamship Co.Supreme Court of the United States · 1955
  3. Commercial Molasses Corp. v. New York Tank Barge Corp.Supreme Court of the United States · 1941
  4. Carlisle Packing Co. v. SandangerSupreme Court of the United States · 1922
  5. Felice Grillea v. United States and National Shipping AuthorityCourt of Appeals for the Second Circuit · 1956

224 more not listed; retrieve them via the Exa API.

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