Herman v. Compagnie Générale Transatlantique
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. Suit in admiralty by Max Herman and others against the Compagnie Générale Transatlantique. Decree for libelants, and respondent appeals. The action is in personam against the owners of the steamship Caroline, upon which vessel as a common carrier libelants (or their consignors) shipped certain goods at Havre, Franco, for transportation to New York.
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Appeal from the District Court of the United States for the Southern District of New York. Suit in admiralty by Max Herman and others against the Compagnie Générale Transatlantique. Decree for libelants, and respondent appeals. The action is in personam against the owners of the steamship Caroline, upon which vessel as a common carrier libelants (or their consignors) shipped certain goods at Havre, Franco, for transportation to New York. The goods in question consisted of 23 eases of millinery, 131 bales of rags, and 30 cases of woolen goods. On arrival at New York 7 cases of millinery, 58…
1Opinion of the CourtHough, Circuit Judge
(after stating the facts as above).
[1]' How or why the sea water immediately causing this damage entered the hold remains unknown. To this case the Harter Act has no application, because there is no affirmative evidence showing that the Caroline was seaworthy at the beginning of the voyage, or even at a time approximately néar its beginning. Such proof cannot be supplied by inferences or presumption. Bradley v. Lehigh Valley R. R. Co., 153 Fed. at 352, 82 C. C. A. 426; The Wildcroft, 201 U. S. 378, 26 Sup. Ct. 467, 50 L. Ed. 794.1
[2] The phrase “occurrences of seas, rivers or navigation” is a…
2Cases cited11 opinions
- The SouthwarkSupreme Court of the United States · 1903
- The FolminaSupreme Court of the United States · 1909
- The Carib PrinceSupreme Court of the United States · 1898
- The WildcroftSupreme Court of the United States · 1906
- Bradley v. Lehigh Valley R.Court of Appeals for the Second Circuit · 1907
6 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- The RosaliaCourt of Appeals for the Second Circuit · 1920
- Bank Line, Ltd. v. PorterCourt of Appeals for the Fourth Circuit · 1928
- Andean Trading Co. v. Pacific Steam Nav. Co.Court of Appeals for the Second Circuit · 1920
- The Joseph J. HockCourt of Appeals for the Second Circuit · 1934
- Ft. Morgan S. S. Co. v. Baltimore & Jamaica Trading Co.Court of Appeals for the Fourth Circuit · 1922
11 more not listed; retrieve them via the Exa API.