Virginia-Carolina Chemical Co. v. Chesapeake Lighterage & Towing Co.
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 the Virginia-Carolina Chemical Company against the Chesapeake Lighterage & Towing Company and Fireman’s Fund Insui-ance Company. Decree for libelant, against the Insurance Company, and it appeals. Libelant either imported or bought from the importer certain “kainit.”
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Appeal from the District Court of the United States for the Southern District of New York. Suit in admiralty by the Virginia-Carolina Chemical Company against the Chesapeake Lighterage & Towing Company and Fireman’s Fund Insui-ance Company. Decree for libelant, against the Insurance Company, and it appeals. Libelant either imported or bought from the importer certain “kainit.” Tie steamship Main, which brought the kainit, arrived at Baltimore, and libelant employed the Chesapeake Company to take the kainit upon one of its barges for carriage to Seawell, Md. The laden barge, according to tbe…
1Opinion of the CourtHough, Circuit Judge
(after stating the facts as above). Whether libelant ever intended to allege any wrong or breach of contract on the part of Chesapeake Company as carrier of the kainit is doubtful; but it is certain that no proof exists of any dereliction by that company in respect of the carriage. Consequently the carrier as such is without negligence, and as no effort was made to charge Chesapeake Company as insurer merely because it carried, the cases from Inman v. Railway Co., 129 U. S. 128, 9 Sup. Ct. 249, 32 L. Ed. 612, through Pennsylvania Co. v. Burr, 130 Fed. 847, 65 C. C. A. 331, and Bradley v.…
2Cases cited10 opinions
- Luckenbach v. W. J. McCahan Sugar Refining Co.Supreme Court of the United States · 1918
- Phœnix Insurance v. Erie & Western Transportation Co.Supreme Court of the United States · 1886
- United Transportation & Lighterage Co. v. New York & Baltimore Transp. LineCourt of Appeals for the Second Circuit · 1911
- Inman v. South Carolina Railway Co.Supreme Court of the United States · 1889
- Bradley v. Lehigh Valley R.Court of Appeals for the Second Circuit · 1907
5 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Julius Hyman & Co. v. Velsicol Corp.Supreme Court of Colorado · 1951
- Du Pont Cellophane Co. v. Waxed Products Co.District Court, E.D. New York · 1934
- Koch-Ellis Marine Contractors, Inc., Individually and as of the Barge Ke-14 v. Phillips Petroleum CompanyCourt of Appeals for the Fifth Circuit · 1955
- Pozero v. Alfa Travel, Inc., Texas Court of Appeals, 4th District (San Antonio)1993
- The GrecianCourt of Appeals for the Second Circuit · 1935
11 more not listed; retrieve them via the Exa API.