Legal Opinion

Ames Mercantile Co. v. Kimball S. S. Co.

District Court, N.D. California

Decided September 18, 1903No. 12,437PublishedCited by 9 opinions

In Admiralty. Libel in personam to recover for loss of and damage to merchandise intrusted to respondent as a common carrier.

1Opinion of the Court

DE HAVEN, District Judge.

There are two causes of action set forth in the libel. In the statement of the first it is alleged that the merchandise was delivered to the defendant on board the steamer J. S. Kimball for carriage from San Francisco to the steamer’s anchorage at Nome, in Alaska; that upon arrival of the J. S. Kimball at Nome the libelant and defendant entered into a further agreement by which the defendant undertook, for the agreed compensation of $5.50 per ton, to lighter such merchandise from the steamer to the beach; that by reason of the carelessness of the defendant “in and…

2Cases cited3 opinions

  1. Haskins v. WarrenMassachusetts Supreme Judicial Court · 1874
  2. Mills v. HallockNew York Court of Chancery · 1836
  3. Hunting v. John H. CannonDistrict Court, D. Maryland · 1892

3Cited by9 opinions

  1. United States v. Stanolind Crude Oil Purchasing Co.Court of Appeals for the Tenth Circuit · 1940
  2. Commercial Insurance Co. v. Hartwell Excavating Co.Idaho Supreme Court · 1965
  3. Roberts Distributing Co. v. Kaye-Halbert Corp.California Court of Appeal · 1954
  4. Burrows & Kenyon, Inc. v. WarrenCourt of Appeals for the First Circuit · 1925
  5. Hunter-Wilson Distilling Co. v. Foust Distilling Co.District Court, M.D. Pennsylvania · 1949

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