The Columbo
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.] In admiralty. This was a libel in rem, filed in the district court, against the bark Colum-lio, to recover damages for injury to one of thirteen casks of bristles, shipped by that vessel from Hamburg to New York.
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[Appeal from the district court of the United States for the southern district of New York.] In admiralty. This was a libel in rem, filed in the district court, against the bark Colum-lio, to recover damages for injury to one of thirteen casks of bristles, shipped by that vessel from Hamburg to New York. The libel averred that the goods were shipped under a bill of lading by which the master acknowledged the receipt of the goods on board of the vessel in good order and condition, and engaged to deliver them in like good order and condition to the consignees. The answer denied the allegations…
1Opinion of the Court
NELSON, Circuit Justice.
The casks containing the bristles in this case were slightly made, in the form of barrels or hogsheads, covered with matting, and well secured by cords around the body and ends. The cart-man who carried the goods from the ship, went into the hold of the vessel, to assist in taking them out, and, when he pressed his foot upon the cask in question, he discovered it was broken. It did not appear to be injured till he put his foot on it, and it could have been raised from the ship without discovering the break. It was found broken at the bilge, when the matting was…
2Cited by1 opinion
- Miller v. Hannibal & St. Joseph RailroadNew York Court of Appeals · 1882