The David & Caroline
U.S. Circuit Court for the District of Southern New York
[Appeal from the district court of the United States for the southern district of New York.] This was a libel in rem, filed in the district court, to recover damages for injury to a cargo of fire-clay retorts shipped from Antwerp to New York by the brig David & Caroline. The district court dismissed the libel, and the libellants appealed to this court.
1Opinion of the Court
NELSON, Circuit Justice.
The retorts in question are hollow ware, some 21 inches wide, a half circle, and flat at the bottom; external measure, from 2S to 36 inches; height, 20 inches; hollow part, 20 by 12 inches, and from 8 to 9 feet long; weighing from 1,500 to .1,800 pounds each; thickness of the ware, from 2% to 3 inches.
It is insisted on the part of the libellants, that the damage, which was occasioned by the breaking of the retorts, is attributable to unskillful stowage, which is denied by the claimant. Some of the retorts were cased in wood, some in straps, and others in straw. This,…
2Cited by3 opinions
- Doherr v. HoustonDistrict Court, S.D. New York · 1903
- Gehrke v. American Railway Express Co.North Dakota Supreme Court · 1931
- Atlantic Coast Line R. Co. v. Dothan Ins. AgencyAlabama Court of Appeals · 1918