The Miletus
U.S. Circuit Court for the District of Southern New York
[Appeal from the district court of the United States for the Southern district of New York.] This was a libel in rem, filed in the district court, against the ship Miletus, by Fletcher Westray and others, owners of a cargo of tea, shipped by that vessel from Amoy, China, to New York, to .recover damages to such cargo. Both parties appealed to this court from the decree of the district court. [Case No. 17,461.]
1Concurrence
NELSON, Circuit Justice.
I concur with the court below, that the damages caused by the destruction of the labels on the coverings of the chest of tea were occasioned by cockroaches. These vermin eat off and deface the paper labels pasted on the outside of the mats which enclose the boxes, which injury embarrasses the assortment and delivery of *289the article to the consignees, and depreciates the market value of the same.
I also concur in the opinion, that the rule must be regarded as settled,- in this court, that damages occasioned by vermin, on board of a ship, to a cargo, in the course of a…
2Cited by5 opinions
- The T. A. GoddardDistrict Court, S.D. New York · 1882
- The HerdisDistrict Court, D. Maryland · 1927
- The Boskenna BayDistrict Court, S.D. New York · 1884
- California Navigation & Improvement Co. v. Stockton Milling Co.Court of Appeals for the Ninth Circuit · 1911
- Guerard v. The LovspringDistrict Court, D. South Dakota · 1890