Legal Opinion

The Santa Ana

Court of Appeals for the Ninth Circuit

Decided June 7, 1907No. 1,367PublishedCited by 6 opinions

Appeal from the District Court of the United States for the Northern Division of the Western District of Washington. In June, 1900, while the steamer Santa Ana was on a voyage from Seattle to Nome with passengers and a general cargo of merchandise, fire broke out in the cargo, and for the general safety it became necessary to pour water and inject steam into the hold to extinguish the fire.

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Appeal from the District Court of the United States for the Northern Division of the Western District of Washington. In June, 1900, while the steamer Santa Ana was on a voyage from Seattle to Nome with passengers and a general cargo of merchandise, fire broke out in the cargo, and for the general safety it became necessary to pour water and inject steam into the hold to extinguish the fire. After it was extinguished, the hatches were removed, and a portion of the cargo which had been totally damaged was cast overboard. , The vessel then proceeded to her destination at Nome, Alaska, where her…

1Opinion of the CourtGilbert, Circuit Judge

It is contended that by the provisions of the bills of lading the entire question of general average as set forth in the York-Antwerp rules of 1890 is incorporated in and made á part thereof, and that the provisions of the bills of lading which are set forth in the foregoing statement of facts should have been given full force and effect, and should have been held to qualify the liability of the ship in general average. To this it is to be said that, while the parties to a shipping contract may by clearly expressed terms either enlarge or limit the carrier’s liability *802in respect to general…

2Cases cited5 opinions

  1. Wellman v. MorseCourt of Appeals for the First Circuit · 1896
  2. Botsford v. Union Marine Ins.Court of Appeals for the Seventh Circuit · 1893
  3. Commercial Union Ins. v. Proceeds of The AlliancaDistrict Court, S.D. New York · 1894
  4. Heye v. North German LloydDistrict Court, S.D. New York · 1887
  5. Dike v. The St. JosephU.S. Circuit Court for the Northern District of Illnois · 1855

3Cited by6 opinions

  1. Cordado Societa Anonima Dinavagazione v. L. Mundet Sons, Inc.District Court, E.D. Pennsylvania · 1936
  2. Dibrell Bros. v. Prince Line, Ltd.Court of Appeals for the Second Circuit · 1932
  3. The BeatriceDistrict Court, S.D. New York · 1924
  4. Bravo v. St. Paul Fire & Marine Ins.Court of Appeals for the First Circuit · 1919
  5. Dibrell Bros. v. Prince Line, Ltd.District Court, S.D. New York · 1931

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