Curell v. Johnson
Supreme Court of Louisiana
Eastern Dist. APPEAL FROM THE PARISH COURT, FOR THE PARISH AND CITY OF NEW' ORLEANS. This is an action against the defendant, as captain of the ship Mobile, for damage and injury occasioned to certain goods and packages of merchandize, shipped at Liverpool to the plaintiffs in New-Orleans.
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Eastern Dist. APPEAL FROM THE PARISH COURT, FOR THE PARISH AND CITY OF NEW' ORLEANS. This is an action against the defendant, as captain of the ship Mobile, for damage and injury occasioned to certain goods and packages of merchandize, shipped at Liverpool to the plaintiffs in New-Orleans. The plaintiffs allege, that six boxes of merchandize were shipped in good order, at Liverpool, on board of the ship called the Mobile, commanded by the defendant, and that by his neglect and bad management, the goods were so damaged, that they, the plaintiffs, have sustained a clear loss of four hundred and…
1Opinion of the CourtCarleton,J.
We have carefully examined the testimony coming up with the record on this case, and are not altogether satisfied, that the damage complained of, happened to the goods on their transit to New-Orleans, through the fault and neglect of the defendant.
The judge appears to base his judgment mainly upon the testimony of two witnesses, whose mere opinions are opposed by the facts fully attested and not controverted; that the goods in question were stored between the fore and main hatches, upon crates of empty porter bottles, and surrounded ot-her merchandize, which arrived in good order.
It appears…
2Cited by2 opinions
- Debuys v. ConnollySupreme Court of Louisiana · 1842
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