The Eliza Lines
Supreme Court of the United States
CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE FIRST CIRCUIT. The facts are stated in the opinion of the court. When a vessel has been abandoned at sea by the master and crew without any intention of returning to her, the owner of cargo has the right, before the carrier or Ms agents have regained possession of the cargo, to treat the contract of affreightment as abandoned and at an end, and to receive Ms cargo without becoming liable for any freight; and this although…
Read the full summary
CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE FIRST CIRCUIT. The facts are stated in the opinion of the court. When a vessel has been abandoned at sea by the master and crew without any intention of returning to her, the owner of cargo has the right, before the carrier or Ms agents have regained possession of the cargo, to treat the contract of affreightment as abandoned and at an end, and to receive Ms cargo without becoming liable for any freight; and this although the abandoned ship and cargo are carried by salvors to the origmal port of destination. The Arno, 8 Asp. Mar. Law Cas. 5…
1Opinion of the CourtJustice Holmes
This case comes here by certiorari to the Circuit Court of Appeals. The decree in that court was made in a cause in which were consolidated four suits: A libel for salvage against the Eliza Lines, her cargo and freight; a libel for possession by the cargo-owners against the cargo; a libel by the master against cargo and cargo-owners for freight and general average, and a libel by a bottomry lender against the vessel and freight. The Eliza Lines, a Norwegian bark, was bound on a voyage from Pensacola to Montevideo with a cargo of lumber, under a charter party, “ the dangers of the seas, fire…
2Cases cited10 opinions
- Swift & Co. v. United StatesSupreme Court of the United States · 1905
- Roehm v. HorstSupreme Court of the United States · 1900
- Mason v. Ship BlaireauSupreme Court of the United States · 1804
- Caze v. Baltimore InsuranceSupreme Court of the United States · 1813
- United States v. HolmesU.S. Circuit Court for the District of Eastern Pennsylvania · 1842
5 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Pennsylvania Fire Insurance v. Gold Issue Mining & Milling Co.Supreme Court of the United States · 1917
- Federal Land Bank of New Orleans v. CroslandSupreme Court of the United States · 1923
- Union Pacific Railroad v. Public Service CommissionSupreme Court of the United States · 1918
- The Turret CrownCourt of Appeals for the Second Circuit · 1924
- The Eliza LinesSupreme Court of the United States · 1905
26 more not listed; retrieve them via the Exa API.