Hubert v. Recknagel
District Court, S.D. New York
In Admiralty. This 'libel was filed to recover $1,274 freight alleged to be due under a contract of affreightment for the carriage of 5,000 bags of coffee on the brig Magnet from Rio de Janeiro to New York. The answer alleged damage by water to 839 bags of coffee, to the amount of $1,300, through the unseaworthiness of the vessel in not being tight, stanch, and strong, as warranted by the charter. •
1Opinion of the Court
Brown, D. J.
The evidence shows clearly that the damage to the coffee came from leakage through the deck; and the only question is whether this leakage arose from extraordinary perils of the sea after leaving Rio, or from a defective condition of the deck at the time of her departure. The'Magnet was a single-decked brig of 283 tons, built in- Germany in 1867.. In January and February, 1879, she was thoroughly overhauled and repaired at Hamburg, and received a first-class certificate (33 A 11) for six years. It does not appear that her deck was renewed. On her vbyage from Liverpool 'to Rio,…
2Cases cited3 opinions
- Work v. LeathersSupreme Court of the United States · 1878
- Barnewall v. ChurchNew York Supreme Court · 1803
- Wilson v. GriswoldU.S. Circuit Court for the District of Southern New York · 1871
3Cited by1 opinion
- Howell v. The Mary L. PetersDistrict Court, S.D. New York · 1895