Fonseca v. Cunard Steamship Co.
Massachusetts Supreme Judicial Court
Contract, with a count in 'tort, against the defendant, as owner of the steamship Samaria, for damage to the plaintiff’s trunk and its contents. Trial in the Superior Court, without a jury, before Pitman, J., who reported the following case for the determination of this court. The material facts, as found by an auditor to whom the case was referred, were as follows. The plaintiff took passage on the defendant’s steamer from Liverpool to Boston.
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Contract, with a count in 'tort, against the defendant, as owner of the steamship Samaria, for damage to the plaintiff’s trunk and its contents. Trial in the Superior Court, without a jury, before Pitman, J., who reported the following case for the determination of this court. The material facts, as found by an auditor to whom the case was referred, were as follows. The plaintiff took passage on the defendant’s steamer from Liverpool to Boston. He had with him on the ship his trunk, containing articles of clothing and personal property reasonable and proper for an ocean traveller to carry as…
1Opinion of the CourtKnowlton, J.
It is not expressly stated in the report, that the law of England was put in evidence as a fact in the case, but it seems to have been assumed at the trial, if not expressly agreed, that this law should be considered, and the argument before this court has proceeded on the same assumption. It is conceded that the presiding justice correctly found and ruled as follows: “ That the contract was a British contract; that, by the English law, a carrier may by contract exempt himself from liability, even for loss caused by his negligence; that in this case, as the carrier has so attempted, and the…
2Cases cited13 opinions
- Liverpool & Great Western Steam Co. v. Phenix InsuranceSupreme Court of the United States · 1889
- York Company v. Central RailroadSupreme Court of the United States · 1866
- Grace v. AdamsMassachusetts Supreme Judicial Court · 1868
- Hoadley v. Northern Transportation Co.Massachusetts Supreme Judicial Court · 1874
- Railway Co. v. StevensSupreme Court of the United States · 1878
8 more not listed; retrieve them via the Exa API.
3Cited by69 opinions
- Markell v. Sidney B. Pfeifer Foundation, Inc.Massachusetts Appeals Court · 1980
- Murrary v. . Cunard Steamship Co.New York Court of Appeals · 1923
- Ciro Silvestri v. Italia Societa Per Azioni Di NavigazioneCourt of Appeals for the Second Circuit · 1968
- Sandler v. Commonwealth Station Co.Massachusetts Supreme Judicial Court · 1940
- Moruzzi v. Federal Life & Casualty Co.New Mexico Supreme Court · 1938
64 more not listed; retrieve them via the Exa API.