Legal Opinion

City of Clarksville

District Court, D. Indiana

Decided May 4, 1899No. 422PublishedCited by 17 opinions

This is a libel in rem, in admiralty, on an alleged contract, civil and maritime, against the steamboat City of Clarksville, her boats, tackle, apparel, and furniture, and against all persons lawfully intervening, tor their interests therein.

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This is a libel in rem, in admiralty, on an alleged contract, civil and maritime, against the steamboat City of Clarksville, her boats, tackle, apparel, and furniture, and against all persons lawfully intervening, tor their interests therein. The amended libel articulately propounds in substance as follows: (1) That the steamboat is enrolled at the city of Evansville, Xnd., and is of more Ihnn 20 tons burden, and is engaged in commerce upon the navigable rivers of Kentucky and Indiana, and has been so engaged for a long time, in carrying freight, and in making contracts therefor, from Bowling…

1Opinion of the CourtBaker, District Judge

(after stating the facts as above). Two grounds of liability are relied upon by the libelants; First. It is insisted that the steamboat could not limit its liability as a com*204mon carrier by reason of the prohibition in the constitution of the state of Kentucky above quoted, and that it is responsible as such common carrier. Second. It is further insisted that the steamboat is responsible on the ground that it became an insurer of the tobacco from the time of its delivery, and remained responsible' for its loss by fire until it was delivered to the consignee at Clarksville.

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2Cases cited10 opinions

  1. Insurance Co. v. DunhamSupreme Court of the United States · 1871
  2. The ThamesDistrict Court, S.D. New York · 1881
  3. Marquardt v. FrenchDistrict Court, S.D. New York · 1893
  4. Mallory v. The Crystal StreamDistrict Court, S.D. New York · 1885
  5. Williams v. Providence Washington Ins.District Court, S.D. New York · 1893

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3Cited by17 opinions

  1. United Transportation & Lighterage Co. v. New York & Baltimore Transp. LineCourt of Appeals for the Second Circuit · 1911
  2. Cory Bros. & Co. v. United StatesCourt of Appeals for the Second Circuit · 1931
  3. Pacific Surety Co. v. Leatham & Smith Towing & Wrecking Co.Court of Appeals for the Seventh Circuit · 1907
  4. David Crystal, Inc. v. Cunard Steam-Ship CompanyDistrict Court, S.D. New York · 1963
  5. Fyfe v. Pan-Atlantic SS CorporationCourt of Appeals for the Second Circuit · 1940

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