The Irrawaddy
Supreme Court of the United States
CERTIFICATE FROM THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT. This case comes here on a certificate from the United States Circuit Court of Appeals for the Second Circuit. The facts out of which the.question arise are as follows: On November 9,. 1895, the British steamship Irrawaddy, upon a voyage from Trinidad to New York, with cargo, stranded on the coast of New Jersey through the negligent navigation of her master..
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CERTIFICATE FROM THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT. This case comes here on a certificate from the United States Circuit Court of Appeals for the Second Circuit. The facts out of which the.question arise are as follows: On November 9,. 1895, the British steamship Irrawaddy, upon a voyage from Trinidad to New York, with cargo, stranded on the coast of New Jersey through the negligent navigation of her master.. Up to the time of stranding she was properly manned, equipped and supplied, and was seaworthy. The vessel was relieved from, the strand November 20 as the result of…
1Opinion of the CourtJustice Shiras
The answer we shall give to the question certified by the Circuit Court of Appeals must be determined by the meaning and effect which should be given to the act of February 13, 1893, c. 105, 27 Stat. 445, known as the Harter Act. Admittedly, upon the facts conceded to exist in the present case,, the ownbr of the ship has no right to a general average contribution from the cargo,' unless such right arises from the operation of that act.
■ We shall first inquire why it is that, apart from the act in question, the owner of the ship is not entitled to a general average contribution where the loss…
Also in this document: Dissent.
2Cases cited5 opinions
- Liverpool & Great Western Steam Co. v. Phenix InsuranceSupreme Court of the United States · 1889
- The CaledoniaSupreme Court of the United States · 1895
- The Edwin I. MorrisonSupreme Court of the United States · 1894
- Ralli v. TroopSupreme Court of the United States · 1895
- Richelieu & Ontario Navigation Co. v. Boston Marine InsuranceSupreme Court of the United States · 1890
3Cited by97 opinions
- The SouthwarkSupreme Court of the United States · 1903
- The ChattahoocheeSupreme Court of the United States · 1899
- Arthur Araujo v. Woods Hole, Martha's Vineyard, Nantucket Steamship Authority v. New England Telephone Co., Third-PartyCourt of Appeals for the First Circuit · 1982
- Knott v. Botany MillsSupreme Court of the United States · 1900
- May v. Hamburg-Amerikanische Packetfahrt AktiengesellschaftSupreme Court of the United States · 1933
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