Legal Opinion

Pacific Coast Co. v. Yukon Independent Transp. Co.

Court of Appeals for the Ninth Circuit

Decided May 6, 1907No. 1,377PublishedCited by 19 opinions

Appeal from the District Court of the United States for the Northern Division of the Western District of Washington. The appellee caused the steamship Senator to be libeled because of the breach of a maritime contract for the carriage of goods upon the steamship Senator from Seattle, consigned to the steamer Monarch at St. Michaels, at the mouth of the Yukon river. The goods consisted of a large quantity of merchandise, including perishable articles.

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Appeal from the District Court of the United States for the Northern Division of the Western District of Washington. The appellee caused the steamship Senator to be libeled because of the breach of a maritime contract for the carriage of goods upon the steamship Senator from Seattle, consigned to the steamer Monarch at St. Michaels, at the mouth of the Yukon river. The goods consisted of a large quantity of merchandise, including perishable articles. The contract was made after negotiations between the representatives of the appellee and the appellants, with the understanding that the goods…

1Opinion of the CourtGilbert, Circuit Judge

It is assigned that the District Court erred in not dismissing the libel for the failure of the appellee to present its claim within the 10-day *33period prescribed in the bills of lading, and for its failure to begin the suit within 60 days thereafter, as required by the bills of lading. The bills of lading provided that:

“All claims for damages to or loss of any property to be presented to the carrier within ten days from the date of notice thereof • (the arrival of the vessel at port or place of discharge or the knowledge of stranding or loss of vessel to be deemed notice), and that after…

2Cases cited19 opinions

  1. Mobile & Montgomery Railway Co. v. JureySupreme Court of the United States · 1884
  2. Constable v. National Steamship Co.Supreme Court of the United States · 1894
  3. Queen of the PacificSupreme Court of the United States · 1901
  4. Hostetter v. ParkSupreme Court of the United States · 1890
  5. Bostwick v. . Baltimore and Ohio R.R. Co.New York Court of Appeals · 1871

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3Cited by19 opinions

  1. The SarniaCourt of Appeals for the Second Circuit · 1921
  2. Isthmian Steamship Company, a Corporation v. California Spray-Chemical Corporation, a CorporationCourt of Appeals for the Ninth Circuit · 1962
  3. Firpi v. Pan American World Airways, Inc.Supreme Court of Puerto Rico · 1963
  4. Toyo Risen Kaisha v. W. R. Grace & Co.Court of Appeals for the Ninth Circuit · 1931
  5. United States Shipping Board Emergency Fleet Corp. v. Rosenberg Bros.Court of Appeals for the Ninth Circuit · 1926

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