Legal Opinion

The Orizaba

District Court, E.D. New York

Decided April 23, 1929No. 7698Published

1Opinion of the Court

CAMPBELL, District Judge.

This is a suit to recover for cargo damage, and the respondents interposed three separate defenses, viz., that the damage resulted from a cause excepted by the bill of lading, that claimant was entitled to the benefit of insurance, and that by the terms of the bill of lading the liability was limited to $100 per barrel.

There is a sharp conflict in some of the testimony, but I find the facts to be as follows:

On December 12, 1924, in the forenoon, the libelant delivered to the respondent, or his or its agent, in apparent good order and condition, at the port of Havana,…

2Cases cited12 opinions

  1. Luckenbach S. S. Co. v. American Mills Co.Court of Appeals for the Fifth Circuit · 1928
  2. Herman v. Compagnie Générale TransatlantiqueCourt of Appeals for the Second Circuit · 1917
  3. South Atlantic S. S. Line v. London-Savannah Naval Stores Co.Court of Appeals for the Fifth Circuit · 1918
  4. A. C. Lawrence Leather Co. v. Compagnie Generale Transat-LantiqueCourt of Appeals for the Second Circuit · 1927
  5. Ocean S. S. Co. v. United States Steel Products Co.Court of Appeals for the Second Circuit · 1917

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