Legal Opinion

The Oceanica

District Court, W.D. New York

Decided July 25, 1907No. 341PublishedCited by 1 opinion

In Admiralty. On exceptions to commissioner’s report.

1Opinion of the Court

HAZER, District Judge.

The first exception of the claimant to the allowance of the item of expense for piling water-logged lumber, to wit, $151.29 for 403,456 feet, is overruled. The testimony of the witness Meyer that the expense of unloading water-logged lumber was double the rate on dry lumber is sufficiently comprehensive to warrant the inference that the rate for hauling, inspecting and piling it would also have been double. That it ordinarily costs an additional amount to tally, inspect, and pile lumber in the yard after unloading it was not controverted, and, although the direct…

2Cases cited12 opinions

  1. Phœnix Insurance v. Erie & Western Transportation Co.Supreme Court of the United States · 1886
  2. The " Scotland"Supreme Court of the United States · 1882
  3. New York, Lake Erie & Western Railroad v. EstillSupreme Court of the United States · 1893
  4. Mobile & Montgomery Railway Co. v. JureySupreme Court of the United States · 1884
  5. Huntington v. . AttrillNew York Court of Appeals · 1890

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3Cited by1 opinion

  1. Basye v. HayesIdaho Supreme Court · 1938

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