The Sabioncello
District Court, S.D. New York
This case came up on exceptions to the commissioner’s report of damages. The libel was filed to recover damages alleged to have been sustained by some paper stock shipped on the Sabioncello and consigned to the libel-lants, by reason of bad stowage. The case is reported in [Case No. 12,198]. On the reference the libellants called experts, who testified as to the market value of the stock in its damaged state and what it would have been worth if sound.
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This case came up on exceptions to the commissioner’s report of damages. The libel was filed to recover damages alleged to have been sustained by some paper stock shipped on the Sabioncello and consigned to the libel-lants, by reason of bad stowage. The case is reported in [Case No. 12,198]. On the reference the libellants called experts, who testified as to the market value of the stock in its damaged state and what it would have been worth if sound. It appeared that the libel-lants sold the damaged stock at public auction (for what price did not appear), bought it in themselves and…
1Opinion of the Court
BLATCHFORD, District Judge.
Exception 1 is overruled. Exception 2 is overruled, because the commissioner does find specially in his report upon what basis he places his estimate of damages, and states therein that the basis is the difference between the sound value and the damaged value of the 117 bales. Exception 8 is overruled, on the ground that, if the claimants desired some other basis than the estimate of the experts sworn, to be taken, they should have introduced evidence to establish such basis. Exception 4 is overruled, on the ground that it was open to the claimants to show the…
2Cited by1 opinion
- Morrison v. I. & V. Florio S. S. Co.District Court, D. New Jersey · 1888