Nordlinger v. Nelson
District Court, S.D. New York
This was a libel by .Nordiinger and others against Nelson, Don-kin & Go. for damages to a quantity of beans, part of the cargo of the ship Timor. Libelants’ beans were imported in bags, claimed to be of a standard size, designed to hold 100 pounds each. The weight of the beans was stated in the bills of lading which, however, contained the clause, “Weight unknown.”
Read the full summary
This was a libel by .Nordiinger and others against Nelson, Don-kin & Go. for damages to a quantity of beans, part of the cargo of the ship Timor. Libelants’ beans were imported in bags, claimed to be of a standard size, designed to hold 100 pounds each. The weight of the beans was stated in the bills of lading which, however, contained the clause, “Weight unknown.” On discharge, the bags were found to be badly rat-eaten, and many of the beans had escaped, in consequence of which a large number of bags were re-receipted for as “slack.” The loose beans were gathered up, cleaned, and tendered in…
1Opinion of the Court
BROWN, District Judge.
1. I concur in the' commissioner’s finding that tbe actual loss of only ¿ of 1 per cent, in the recovery and cleaning of the sweepings of the beans, is no more than what may be regarded as a necessary loss, incidental to the spilling of the beans through the ship’s fault; and that this very small difference in weight becomes, therefore, a sufficient confirmation and proof of the correctness of the weight stated in the bill of lading, in connection with the other proof.
2. The facts do not show any conversion by the ship of the libel-ants’"beans; the sweepings remained the…
2Cases cited6 opinions
- The BaltimoreSupreme Court of the United States · 1869
- Warren v. StoddartSupreme Court of the United States · 1882
- Pettie v. Boston Tow-Boat Co.Court of Appeals for the Second Circuit · 1891
- Pennsylvania R. Co. v. WashburnDistrict Court, S.D. New York · 1892
- Dolph v. Troy Laundry Machinery Co.U.S. Circuit Court for the District of Northern New York · 1886
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Southport Transit Company v. Avondale Marine Ways, Inc.Court of Appeals for the Fifth Circuit · 1956