The Sarnia
Court of Appeals for the Second Circuit
Mack, Circuit Judge, dissenting. Appeal from the District Court of the United States for the Southern District of New York. Suit in admiralty by I,. Telles De Vasconcellas against the steamship Sarnia; the Sarnia Steamship Corporation claimant. From th;e decree, libelant appeals. . The libelant is a citizen of the republic of Portugal and a resident of the city of Lisbon therein.
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Mack, Circuit Judge, dissenting. Appeal from the District Court of the United States for the Southern District of New York. Suit in admiralty by I,. Telles De Vasconcellas against the steamship Sarnia; the Sarnia Steamship Corporation claimant. From th;e decree, libelant appeals. . The libelant is a citizen of the republic of Portugal and a resident of the city of Lisbon therein. The libel was filed against the steamship Sarnia, which is a general ship engaged as a common carrier of merchandise for hire between the port of Lisbon, ill Portugal, and the port of New York. The libel alleges that…
1Opinion of the CourtRogers, Circuit Judge
(after stating the facts as above). This suit is brought on the part of the shipper to recover damages for injury to the goods shipped, arising from their wrongful stowage above deck, whereas they should have been carried under deck.
[ 1 ] Where goods are shipped under a clean bill -of lading the obligation is that they are to be put under deck, unless there is an express written agreement to the contrary or a custom to the contrary is proven. The Water Witch, 1 Black, 494, 17 L. Ed. 155; The Kirkhill, 99 Fed. 575, 39 C. C. A. 658; The New Orleans (C. C.) 26 Fed. 44; The Gran Canaria (D. C.)…
2Cases cited38 opinions
- Adams Express Company v. CroningerSupreme Court of the United States · 1912
- Hart v. Pennsylvania RailroadSupreme Court of the United States · 1884
- The DelawareSupreme Court of the United States · 1872
- Mobile & Montgomery Railway Co. v. JureySupreme Court of the United States · 1884
- Constable v. National Steamship Co.Supreme Court of the United States · 1894
33 more not listed; retrieve them via the Exa API.
3Cited by71 opinions
- St. Johns N. F. Shipping Corp. v. . S. A. Companhia Geral Commercial Do Rio De JaneiroSupreme Court of the United States · 1923
- Steamship Willdomino v. Citro Chemical Co.Supreme Court of the United States · 1927
- Jones v. the Flying ClipperDistrict Court, S.D. New York · 1953
- Tishman & Lipp, Inc. v. Delta Air LinesCourt of Appeals for the Second Circuit · 1969
- Fireman's Fund Insurance Company, Assignee of Steve Radeff and Carl Robinson v. Railway Express Agency, Inc., a Delaware CorporationCourt of Appeals for the Sixth Circuit · 1958
66 more not listed; retrieve them via the Exa API.