Smith v. Booth
District Court, S.D. New York
In Admiralty. This action was instituted originally by J. Raymond Smith against Henry P. Booth alone, as sole member of the firm of James E. Ward & Co., to recover the value of 1902 bags of rice, which were lost overboard from the lighter Mary Elizabeth on September 1, 1898, by her capsizing while lying alongside the steamer Avala, engaged in transshipping rice from the lighter to the steamer. The rice was shipped at Liverpool, England, by Messrs.
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In Admiralty. This action was instituted originally by J. Raymond Smith against Henry P. Booth alone, as sole member of the firm of James E. Ward & Co., to recover the value of 1902 bags of rice, which were lost overboard from the lighter Mary Elizabeth on September 1, 1898, by her capsizing while lying alongside the steamer Avala, engaged in transshipping rice from the lighter to the steamer. The rice was shipped at Liverpool, England, by Messrs. Twigge & Oros-fleld, on the steamer Teutonic, under 8 bills of lading, each covering 250 sacks, for transportation to Now York, and there “to be…
1Opinion of the CourtBrown, District Judge
(after stating the facts as above). Upon careful consideration of the evidence and circumstances, I am satisfied that the lighter capsized in consequence of improper loading, that is, from putting the entire cargo of over 200 tons upon deck, with none in the hold, so that the lighter had not ordinary or reasonable steadiness. Only about 10 tons in all had been removed when the lighter capsized. It was unloaded over the port side. A short time before, a list to starboard was observed, and as it increased the stevedore’s .men set to work rolling the bags of rice from the starboard side to the…
2Cases cited1 opinion
- Gannon v. Consolidated Ice Co.Court of Appeals for the Second Circuit · 1899
3Cited by4 opinions
- E. I. Du Pont De Nemours & Co. v. BentleyCourt of Appeals for the Second Circuit · 1927
- The James HoranDistrict Court, D. New Jersey · 1935
- In re E. I. Du Pont De Nemours & Co.District Court, N.D. New York · 1926
- The Martha R. GrimesDistrict Court, S.D. New York · 1943