WR Grace & Co. v. Panama R. Co.
Court of Appeals for the Second Circuit
It appeared upon the trial that the damage arose from a leak in a lead scupper pipe, leading from the waterways on the main deck down through the ’tween-decks, where the hides were stored, to an opening in the ship’s side. This pipe was solidly boxed, and it was impossible to detect the defect, except by taking off the covering.
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It appeared upon the trial that the damage arose from a leak in a lead scupper pipe, leading from the waterways on the main deck down through the ’tween-decks, where the hides were stored, to an opening in the ship’s side. This pipe was solidly boxed, and it was impossible to detect the defect, except by taking off the covering. When this was removed at the conclusion of the voyage, a longitudinal crack some twelve inches long was found, the cause of which was and remains unknown. It appeared that it was customary to take off such coverings only once every four years, and that as the pipe was…
1Opinion of the CourtHand, Circuit Judge
(after stating the facts as above).
The first question raised upon this appeal is of the validity of the limitation clause in the bill of lading quoted above. We have in numerous instances sustained such a clause. The Persiana, 185 F. 396, 107 C. C. A. 416; The San Guglielmo, 249 F. 588, 3.61 C. C. A. 514; The Verdi, 282 F. 572; The Gen. G. W. Goethals, 292 F. 935; Anchor Line v. Jackson, 9 F.(2d) 543; The Bencleuch, 10 F. (2d) 49. There would be no reason to consider its reasonableness, were it not for the argument that the recent legislation of Congress requires us to look more narrowly at…
2Cases cited10 opinions
- Southern Pacific R. Co. v. StewartSupreme Court of the United States · 1919
- The PersianaCourt of Appeals for the Second Circuit · 1911
- Anchor Line (Henderson Bros.), Ltd. v. JacksonCourt of Appeals for the Second Circuit · 1925
- South & Central American Commercial Co. v. Panama RailroadNew York Court of Appeals · 1923
- The San GuglielmoCourt of Appeals for the Second Circuit · 1918
5 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Foster v. Cunard White Star, Ltd.Court of Appeals for the Second Circuit · 1941
- United States v. Wessel, Duval & Co.District Court, S.D. New York · 1953
- Scheibel v. Agwilines, Inc.Court of Appeals for the Second Circuit · 1946
- Bank of California, N. A. v. International Mercantile Marine Co.Court of Appeals for the Second Circuit · 1933
- Cudahy Packing Co. v. Munson S. S. LineCourt of Appeals for the Second Circuit · 1927
20 more not listed; retrieve them via the Exa API.