Defrier v. The Nicaragua
District Court, S.D. Alabama
This was a libel by Joseph Defrier and others against the steamship ^Nicaragua to recover damages suffered because of alleged insufficiency of food and accommodations furnished to them as passengers.
1Opinion of the Court
TOULMIN, District Judge.
A person who undertakes, though only on that particular occasion, to carry for hire, without special contract, incurs the responsibility of a common carrier. 2 Add. Gout. p. 715, and note. A contract for passage by water implies something more than ship room and transportation. It includes reasonable comforts, necessaries, and kindness, and suitable food and the common means of relief in cases of sickness. Chamberlain v. Chandler, 3 Mason, 242, 5 Fed. Cas. 413. It is the duty of the common carrier by water to provide his passengers with comfortable accommodations, and…
2Cases cited4 opinions
- Lake Shore & Michigan Southern Railway Co. v. PrenticeSupreme Court of the United States · 1893
- Chamberlain v. ChandlerU.S. Circuit Court for the District of Massachusetts · 1823
- Henderson v. Louisville & Nashville RailroadSupreme Court of the United States · 1887
- Cohen v. FrostThe Superior Court of New York City · 1853
3Cited by3 opinions
- Albert Kornberg and Laura Kornberg v. Carnival Cruise Lines, Inc.Court of Appeals for the Eleventh Circuit · 1984
- Andre Ow Buland v. NCL (Bahamas) Ltd.Court of Appeals for the Eleventh Circuit · 2021
- Bryant v. Cruises, Inc.District Court, N.D. Alabama · 1998