Hodgkins v. Welsh
District Court, E.D. Pennsylvania
In Admiralty. Libel by Frank M. Hodgkins, master of the bark Ethel, against S. & J. Weish, to recover a balance of freight, which respondents assume to withhold because of shortage of cargo.
1Opinion of the Court
BUTLER. District Judge.
The only question involved is one of fact. The respondents seek to have the value of three bags of sugar, (a part of the cargo,) $41.40, deducted from the freight, on the ground that the delivery was short to this extent. The bill of lading acknowledges the receipt of 6,443 bags, and the respondent’s output tally shows only 6,440 bags. If there was nothing more the claim would be allowed. While the ship is liable only for the cargo received the bill of lading has the force of a written receipt, and hinds her until disproved. To discredit it and the respondent’s output…
2Cited by1 opinion
- The Willie D. SandhovalDistrict Court, E.D. New York · 1899