The Caledonia
U.S. Circuit Court for the District of Massachusetts
In Admiralty. On appeal from district court. FINDINGS OF FACT. This was a libel in admiralty, in a cause of contract, civil and maritime, by a shipper of cattle against the steam-ship Caledonia, to recover damages caused by the breaking of her shaft. The Caledonia was one of the Anchor Line of transatlantic steam-ships, owned and employed by the claimants, Henderson Bros., as common carriers. The plaintiff was a dealer in and exporter of cattle.
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In Admiralty. On appeal from district court. FINDINGS OF FACT. This was a libel in admiralty, in a cause of contract, civil and maritime, by a shipper of cattle against the steam-ship Caledonia, to recover damages caused by the breaking of her shaft. The Caledonia was one of the Anchor Line of transatlantic steam-ships, owned and employed by the claimants, Henderson Bros., as common carriers. The plaintiff was a dealer in and exporter of cattle. The terms of the contract between the parties were as expressed in the following memorandum of agreement, made before the shipment of the cattle, and…
1Opinion of the Court
Gray, Justice.
A contract for the carriage of goods by sea may doubtless exist without a bill of lading; and, when the parties have made such a contract, the ship-owner cannot, without the shipper’s consent, vary its terms by inserting new provisions in a bill of lading, and the shipper mav decline to assent to the modifications, and insist upon his right to have the goods carried under the original contract. Jones v. Hough, 5 Exch. Div. 115; Crooks v. Allan, 5 Q. B. Div. 38, 40, 41; Lord Bramwell, in Sewell v. Burdick, L. R. 10 App. Cas. 74, 105. But the bill of lading is often given by the…
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