Rolfe v. The Boskenna Bay
U.S. Circuit Court for the District of Southern New York
In Admiralty. Oil appeal from district court. 22 Fed. Rep. 662. Libel to recover damages to fruit, through its alleged improper discharge from the steam-ship Boskenna Bay on March 21, 1883, and exposure to frost.
1Opinion of the CourtWallace, J.
The libelant sues to recover damages for injury to a consignment of fruit. The fruit was injured by its exposure to frost, after nightfall, and during the night of March 21, 1883, while remaining in an inclosed pier, No. 44, North river. It was part of a cargo shipped at Palermo to various consignees at New York, by the steamer Boskenna Bay, under bills of lading, which provided for a delivery in good order to the consignee or assigns, “from the ship’s deck, where the ship’s responsibility shall cease.” The bills of lading also contained this condition :
“Simultaneously with the ship being…
2Cases cited10 opinions
- New Jersey Steam Navigation Company v. MERCHANTS'BANK.Supreme Court of the United States · 1848
- Bank of Kentucky v. Adams Express Co.Supreme Court of the United States · 1876
- Railroad Co. v. Manufacturing Co.Supreme Court of the United States · 1873
- Gibson v. CulverNew York Supreme Court · 1837
- Magnin v. . DinsmoreNew York Court of Appeals · 1874
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3Cited by5 opinions
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- Smith v. Britain S. S. Co.District Court, S.D. New York · 1903
- Murphy v. Export Steamship Corp.City of New York Municipal Court · 1934