Diethelm & Co. v. S.S. the Flying Trader
District Court, S.D. New York
1Opinion of the Court
THOMAS F. MURPHY, District Judge.
This action having been heard by the court without a jury, the following are made
Findings of Fact
1. On January 12, 1949, libelant delivered and respondent, a common carrier, received 988 wooden barrels of 99% glacial acetic acid for shipment to Sai gon on deck aboard the S. S. Flying Trader.
2. Respondent examined the barrels presented to it and rejected a certain number as being unfit for stowage. The remaining barrels which were in apparent sound condition were accepted and a bill of lading was issued which contained on its face the notation “On Deck At…
2Cases cited5 opinions
- Waterman S. S. Corp. v. United States Smelting, Refining & Mining Co.Court of Appeals for the Fifth Circuit · 1946
- The VizcayaDistrict Court, E.D. Pennsylvania · 1945
- The PonceDistrict Court, D. New Jersey · 1946
- Uniao De Transportadores Para Importacao E Comercio, Ltda. v. Companhia De Navegacao Carregadores AcoreanosDistrict Court, E.D. New York · 1949
- Kasser Distillers Products Corp. v. Companhia De Navegacao Carregadores AcoreanosDistrict Court, S.D. New York · 1948
3Cited by7 opinions
- New York, New Haven and Hartford Railroad Company v. GrayCourt of Appeals for the Second Circuit · 1957
- Allen N. Spooner & Son, Inc., Libelant-Appellant v. The Connecticut Fire Insurance Co.Court of Appeals for the Second Circuit · 1963
- Continental Insurance v. Lone Eagle Shipping Ltd.District Court, S.D. New York · 1997
- In Re the Complaint of Tecomar S.A.District Court, S.D. New York · 1991
- Diethelm & Co. v. The Flying TraderCourt of Appeals for the Second Circuit · 1957
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