Trott v. Wood
U.S. Circuit Court for the District of Rhode Island
Assumpsit for not transporting certain merchandize from Providence to New York, in a packet sloop belonging to the defendant [John Wood]. It appeared from the evidence, that the merchandize was skipped at Providence, in the defendant’s packet, for New York; that the packet sailed as far as Newport, where the owner lived, and the merchandize was there unshipped and sent on in another packet, which was captured in her passage down the sound, by the British squadron, and…
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Assumpsit for not transporting certain merchandize from Providence to New York, in a packet sloop belonging to the defendant [John Wood]. It appeared from the evidence, that the merchandize was skipped at Providence, in the defendant’s packet, for New York; that the packet sailed as far as Newport, where the owner lived, and the merchandize was there unshipped and sent on in another packet, which was captured in her passage down the sound, by the British squadron, and thereby the merchandize was finally lost. The defense at the trial was (1) that the packet wanted some repairs, and therefore…
1Opinion of the Court
STORY, Circuit Justice,
directed the jury, that when goods were shipped on board of a vessel, to be sent to another port, the owner of the vessel had no right to change the vehicle of conveyance without necessity.2 That great inconvenience might arise from a contrary decision to the commercial world, as every merchant might well be presumed to ship his property in a particular vessel, not only from his knowledge or information of her character as to sailing" and seaworthiness, but also from his confidence in the master and owner of the ship. If, in the course of the voyage, the ship were…
2Cited by7 opinions
- Calderon v. Atlas Steamship Co.District Court, S.D. New York · 1894
- Marx v. Natl. Steam-ship Co.District Court, S.D. New York · 1884
- Desha, Smith & Co. v. HollandSupreme Court of Alabama · 1847
- Spanton & Co. v. Century Shipping Co.Court of Appeals for the Fifth Circuit · 1922
- Farnsworth v. ChaseSuperior Court of New Hampshire · 1849
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