The Martha
District Court, S.D. New York
This was an action by the consignee of a quantity of sheet iron (310 bundles) laden on board the ship Martha, at Liverpool, for New York, to recover damages for injury to the iron, by wetting. The libellant offered the bill of lading, which contained the usual conditions and stipulations. He then proved that the iron, when unladen from the vessel, was very wet, and water dripped off it. He further proved the damage caused by the injury amounted to about 30 per cent.
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This was an action by the consignee of a quantity of sheet iron (310 bundles) laden on board the ship Martha, at Liverpool, for New York, to recover damages for injury to the iron, by wetting. The libellant offered the bill of lading, which contained the usual conditions and stipulations. He then proved that the iron, when unladen from the vessel, was very wet, and water dripped off it. He further proved the damage caused by the injury amounted to about 30 per cent. On the part of the claimant, it was shown that the vessel came in tight and dry, and that the iron was well and securely stowed,…
1Opinion of the Court
BETTS, District Judge.
The bill of lading undertakes to deliver the iron, then in good condition, in the same order here; but without applying to this contract the character of an absolute assumption or admission of the fact, it must be received as strong prima facie evidence that the property was in good order when received on board the ship. Barrett v. Rogers, 7 Mass. 297. The law does not give a bill of lading the character of a warranty that the property received by the ship is in absolute good order and condition It binds the ship and owner no further *868than to the external appearance of…
2Cases cited2 opinions
- Barrett v. RogersMassachusetts Supreme Judicial Court · 1811
- Price v. Ship UrielSupreme Court of Louisiana · 1855