Sorensen v. Keyser
Court of Appeals for the Fifth Circuit
Appeal from the District Court for the Southern Division of the Southern District of Mississippi. In Admiralty. Libel by Jacob E. Sorensen and others, owners of the bark Urania, against W. S. Keyser, for demurrage. Libel dismissed. See 48 Fed. Rep. 117. Libelants appeal. Heard on motion by the appellee to be authorized, to take testimony as to the meaning of the word “drought” in the charter party, as understood by the parties.
1Opinion of the Court
Pardee, Circuit Judge.
This case is before this court on an appeal from the district court, southern district of Mississippi, in a suit brought in admiralty on a charter party contracting for the ship Urania to take a cargo of timber from Ship island or Pensacola, which charter party contains the following clauses:
“The act of God, restraint of princes and rulers, the queen’s enemies, fire, floods, droughts, strikes, or any extraordinary occurrence beyond the control of either party, and all and every other dangers and accidents of the seas, rivers, and navigation, of what nature and kind…
2Cases cited8 opinions
- United States v. PeckSupreme Court of the United States · 1880
- Bradley v. Washington, Alexandria, & Georgetown Steam Packet Co.Supreme Court of the United States · 1839
- Bailey v. Railroad Co.Supreme Court of the United States · 1873
- Maryland v. Railroad Co.Supreme Court of the United States · 1874
- Partridge v. The Insurance CompanySupreme Court of the United States · 1873
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3Cited by4 opinions
- Consolidated Coal & Lime Co. v. MercerIndiana Court of Appeals · 1896
- Hudson v. GrafflinCourt of Appeals for the Fourth Circuit · 1895
- Jonasen v. KeyserCourt of Appeals for the Fifth Circuit · 1901
- Northwestern Lumber Co. v. Grays Harbor & P. S. Ry. Co.District Court, W.D. Washington · 1913