The Arpillao
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. Uibel by the Pompeian Company against the steamship Arpillao; the Jose Taya Sons Company, claimant. From a decree dismissing the libel (241 Fed. 282), libelant appeals. Libelant was tlie owner of about a thousand barrels of olivo oil, laden on tlie Spanish steamer Arpillao in Spain, for carriage to New York City.
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Appeal from the District Court of the United States for the Southern District of New York. Uibel by the Pompeian Company against the steamship Arpillao; the Jose Taya Sons Company, claimant. From a decree dismissing the libel (241 Fed. 282), libelant appeals. Libelant was tlie owner of about a thousand barrels of olivo oil, laden on tlie Spanish steamer Arpillao in Spain, for carriage to New York City. The sreámer arrived after a voyage subjecting her to no unusual or unexpected, peril of the sea and discharged her cargo. Thirty-nine oil barrels were found entirely empty and 30 barrels more…
1Opinion of the CourtHough, Circuit Judge
(after stating the facts as above). [1] It is proven that the expected and usual leakage of olive oil in barrels during a voyage across the Atlantic is, if the containers are sound and well stowed, not over 1 per cent, of the shipment. It is admitted that this cargo lost almost exactly 10 per cent.
We adhere to rulings of which the most frequently quoted is The St. Quentin, 162 Fed. 883, 89 C. C. A. 573 (and see also The Good Hope, 197 Fed. 149, 116 C. C. A. 573, and cases cited), to the effect that where the cause of cargo loss is covered by a valid exception, mere excessive or unusual loss…
2Cases cited6 opinions
- The ThamesSupreme Court of the United States · 1872
- Vanderbilt v. Ocean S. S. Co.Court of Appeals for the Second Circuit · 1914
- The St. QuentinCourt of Appeals for the Second Circuit · 1908
- Doherr v. HoustonDistrict Court, S.D. New York · 1903
- Doherr v. HoustonCourt of Appeals for the Second Circuit · 1904
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3Cited by20 opinions
- The President MadisonCourt of Appeals for the Ninth Circuit · 1937
- Speed v. Transamerica CorporationDistrict Court, D. Delaware · 1955
- Pennsylvania R. Co. v. Downer Towing CorporationCourt of Appeals for the Second Circuit · 1926
- The BencleuchCourt of Appeals for the Second Circuit · 1925
- The FlorindaCourt of Appeals for the Second Circuit · 1929
15 more not listed; retrieve them via the Exa API.