The Rappahannock
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Western District of New York. Suit in admiralty by the Northern Elevator Company against the steamer Rappahannock; the Davidson Steamship Company, claimant.' The suit was brought to recover damages sustained by a cargo of grain shipped by the steamship Rappahannock, in October, 1905. The voyage was from ports in Lake Superior to Buffalo. Decree for respondent (173 Fed. 829), and libelant appeals.
1Opinion of the Court
LACOMBE, Circuit Judge.
The grain was shipped under bills of lading which acknowledged' its receipt “in good order and condition” —“to bé delivered in like good order and condition, the dangers of navigation excepted.” The grain was delivered in greatly damaged condition through contact with water while in the hold. This water dripped through a crack in the main feed pipe, which pipe extended about nine' feet through the cargo space between the engine and the boiler. Manifestly the ship would be liable for such damage unless she can bring herself under an exception which protects her. The…
2Cases cited2 opinions
- The Konigin LuiseCourt of Appeals for the Second Circuit · 1911
- The AggiCourt of Appeals for the Second Circuit · 1901
3Cited by19 opinions
- J. Gerber & Co. v. S.S. Sabine HowaldtCourt of Appeals for the Second Circuit · 1971
- R. T. Jones Lumber Company, Inc., Libelant-Appellee v. Roen Steamship CompanyCourt of Appeals for the Second Circuit · 1959
- Compagnie Maritime Francaise v. MeyerCourt of Appeals for the Ninth Circuit · 1918
- M. Binkovitz & Sons, Inc. v. Compania TransatlanticaDistrict Court, S.D. New York · 1935
- The R. P. FitzgeraldCourt of Appeals for the Sixth Circuit · 1914
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