Reliance Marine Ins. v. New York & C. Mail S. S. Co.
Court of Appeals for the Second Circuit
Appeal from tbe District Court of tbe United States for the Southern District of Yew York. The Seneca, an iron vessel 279 feet in length, and belonging to the New York & Cuba Mail Steamship Company, sailed from Havana for New York, on Saturday evening, December 23, .18,93, with' a cargo consisting mainly of hemp, tobacco, and hides. The vessel has a lower hold, a lower between-decks, and an upper between-decks.
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Appeal from tbe District Court of tbe United States for the Southern District of Yew York. The Seneca, an iron vessel 279 feet in length, and belonging to the New York & Cuba Mail Steamship Company, sailed from Havana for New York, on Saturday evening, December 23, .18,93, with' a cargo consisting mainly of hemp, tobacco, and hides. The vessel has a lower hold, a lower between-decks, and an upper between-decks. A passageway or bunker on each side of the engine room in the upper between-decks extends beyond the engine room, fore and. aft, to wooden bulkheads, each of them being about 12 feet…
1Opinion of the CourtShipman, Circuit Judge
(after stating the facts). Two questions arise upon the appeal of the insurance company: First. Did the Fortier tobacco sustain any damage, other than the water damage to 64 bales? Second. If it did, can the damage thus sustained properly he made the subject of contribution in general average?
The first question was sharply contested upon the trial in the district court, and, inasmuch as the respondent contends that there was no damage except as to the 64 bales, it becomes necessary to determine the question, irrespective of the truthfulness of the libelant’s ¡theory as to the 'cause of…
2Cases cited2 opinions
- McAndrews v. ThatcherSupreme Court of the United States · 1866
- Pacific Mail Steamship Co. v. New York, H. & R. Min. Co.Court of Appeals for the Second Circuit · 1896
3Cited by1 opinion
- Hills Bros. v. United StatesDistrict Court, S.D. New York · 1930