Legal Opinion

Vacuum Oil Co. v. Rotterdamsche Lloyd

Court of Appeals for the Second Circuit

Decided April 1, 1929No. 241PublishedCited by 14 opinions

1Opinion of the CourtSwan, Circuit Judge

(after stating the facts as above).

It is settled law that, in the absence of any stipulation to the contrary, a carrier’s liability for loss of goods is measured by the market value of the lost goods at the port of destination on the date when they should have arrived. St. Johns N. F. Shipping Corp. v. Companhia Geral, etc., 263 U. S. 119, 44 S. Ct. 30, 68 L. Ed. 201. This is just. Had the contract for transportation been carried out, the shipper would have had the value of his goods at that time and place, less the freight paid. His loss by the carrier’s breach of contract is the difference…

2Cases cited15 opinions

  1. Union Pacific Railroad v. BurkeSupreme Court of the United States · 1921
  2. St. Johns N. F. Shipping Corp. v. . S. A. Companhia Geral Commercial Do Rio De JaneiroSupreme Court of the United States · 1923
  3. Anchor Line (Henderson Bros.), Ltd. v. JacksonCourt of Appeals for the Second Circuit · 1925
  4. Kilthau v. International Mercantile Marine Co.New York Court of Appeals · 1927
  5. The OneidaCourt of Appeals for the Second Circuit · 1904

10 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. A. L. Holden, Doing Business Under the Name and Style of R. L. Pritchard & Company v. S. S. Kendall Fish, Her Engines, Etc.Court of Appeals for the Fifth Circuit · 1968
  2. Smith v. the FerncliffSupreme Court of the United States · 1939
  3. J. M. Rodriguez & Co. v. Moore-McCormack Lines, Inc.New York Court of Appeals · 1973
  4. The Ansaldo San Giorgio ICourt of Appeals for the Second Circuit · 1934
  5. JOHN DEERE & COMPANY v. Mississippi Shipping Co.District Court, E.D. Louisiana · 1959

9 more not listed; retrieve them via the Exa API.

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