The Kensington
Supreme Court of the United States
CERTIORARI TO THE CIROÜIT COURT OF APPEALS FOE THE SECOND CIRCUIT. The libel by which this action was commenced sought to recover the value of passengers’ baggage which it was alleged the ship had wrongfully failed to deliver.
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CERTIORARI TO THE CIROÜIT COURT OF APPEALS FOE THE SECOND CIRCUIT. The libel by which this action was commenced sought to recover the value of passengers’ baggage which it was alleged the ship had wrongfully failed to deliver. The facts essential to be borne in mind in order to approach the questions arising for decision are as follows: The International Navigation Company, a New Jersey corporation, on December 6,1897, at the office of its Paris agency, issued to Mrs. and Miss Bleecker, the wife and daughter of an officer of the United States Navy, a steamer ticket for a voyage from Antwerp…
1Opinion of the CourtJustice White
The District Court held, although the condition of the weather might account for the shifting of the baggage, that result could also have arisen from its bad stowage, and in the absence of. all proof by the ship that the baggage had been properly stowed, when such proof was peculiarly within its reach, the loss must be presumed to have arisen from the imperfect stowage. The Circuit Court of Appeals, whilst in effect agreeing to this conclusion, in addition found that there was proof in the record tending to sustain the conclusion that the baggage had been improperly stowed, and that no proof…
2Cases cited6 opinions
- Liverpool & Great Western Steam Co. v. Phenix InsuranceSupreme Court of the United States · 1889
- Hart v. Pennsylvania RailroadSupreme Court of the United States · 1884
- Baltimore & Ohio Southwestern Railway Co. v. VoigtSupreme Court of the United States · 1900
- Railroad Co. v. FraloffSupreme Court of the United States · 1879
- The MajesticSupreme Court of the United States · 1897
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3Cited by106 opinions
- The SouthwarkSupreme Court of the United States · 1903
- The GermanicSupreme Court of the United States · 1905
- Brown & Root, Inc. v. M/v Peisander, Etc.Court of Appeals for the Fifth Circuit · 1981
- F. A. Straus & Co. v. Canadian Pacific Railway Co.New York Court of Appeals · 1930
- United States v. Atlantic Mutual InsuranceSupreme Court of the United States · 1952
101 more not listed; retrieve them via the Exa API.