The Sandfield
Court of Appeals for the Second Circuit
Appeal from tbe District Court of tbe United States for tbe Southern District of New York. This was a libel by tbe American Sugar-Refining Company against the steamship Sandfield to recover damages for injury to a cargo of sugar. From a decree dismissing tbe libel (79 Fed. 371), tbe libel-ant appeals.
1Opinion of the Court
WALLACE, Circuit Judge.
Since tbe argument of this appeal, tbe case of The Carib Prince has been determined by tbe supreme court (170 U. S. 655, 18 Sup. Ct. 753), and that adjudication narrows tbe consideration of the cause to tbe question whether tbe steamship was seaworthy at tbe inception of tbe voyage. If she was, as it is not open to dispute that the injuries which caused tbe libelant’s loss were caused by tbe perils of tbe sea, and could not be repaired during tbe voyage, the exception in tbe bill of lading against liability for losses caused by such perils protects tbe vessel from…
2Cases cited3 opinions
- The Carib PrinceSupreme Court of the United States · 1898
- EJ DuPont De Nemours & Co. v. VanceSupreme Court of the United States · 1857
- Ceballos v. The Warren AdamsCourt of Appeals for the Second Circuit · 1896
3Cited by16 opinions
- The EdithCourt of Appeals for the Second Circuit · 1926
- Aaby v. States Marine CorporationCourt of Appeals for the Second Circuit · 1950
- Leon Bernstein Company v. Wilhelm WilhelmsenCourt of Appeals for the Fifth Circuit · 1956
- Franklin Fire Ins. v. Royal Mail Steam Packet Co.Court of Appeals for the Second Circuit · 1932
- The NewportCourt of Appeals for the Ninth Circuit · 1925
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