Jamison v. New York & P. R. S. S. Co.
District Court, S.D. New York
In Admiralty. Suit by William A. Jamison against the New York & Porto Rico Steamship Company, with cross-libel. This is a libel for damage to part of a cargo of sugar ex steamship Berwind from San Juan to New York. The ship arrived in New York on June 23d and the sugar began to be discharged at 7:30 on the morning of the 24th. It was discovered thereupon that the lowest tiers of sugar in hatch No. 3 had been injured by seawater.
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In Admiralty. Suit by William A. Jamison against the New York & Porto Rico Steamship Company, with cross-libel. This is a libel for damage to part of a cargo of sugar ex steamship Berwind from San Juan to New York. The ship arrived in New York on June 23d and the sugar began to be discharged at 7:30 on the morning of the 24th. It was discovered thereupon that the lowest tiers of sugar in hatch No. 3 had been injured by seawater. On the 24th and 25th it was discharged upon lighters by McAllister & Co., and on the 27th Labonte, the libelant’s agent, called up Maloney, the respondent’s agent,…
1Opinion of the Court
LEARNED HAND, .District Judge
(after stating the facts as above). [1] The first and most important point is whether or not the ship is relieved under the Harter Act. The case falls either under The Wildcroft, 201 U. S. 378, 26 Sup. Ct. 467, 50 L. Ed. 794, or The Folmina, 212 U. S. 354, 29 Sup. Ct. 363, 53 L. Ed. 546, 15 Ann. Cas. 748, and depends upon whether the ship has discharged the burden of proof that the damage did not arise because of her unseawortliiness. The facts in The Wildcroft, supra, were very like those in the case at bar, and the vessel was exonerated. She carne into her dock…
2Cases cited5 opinions
- The FolminaSupreme Court of the United States · 1909
- The WildcroftSupreme Court of the United States · 1906
- Queen of the PacificSupreme Court of the United States · 1901
- The PersianaCourt of Appeals for the Second Circuit · 1911
- The WestminsterCourt of Appeals for the Third Circuit · 1904
3Cited by8 opinions
- Greyvan Lines, Inc. v. NesmithDistrict of Columbia Court of Appeals · 1946
- The NatalCourt of Appeals for the Ninth Circuit · 1926
- The Governor PowersDistrict Court, D. Massachusetts · 1917
- The VerdiCourt of Appeals for the Second Circuit · 1922
- The SusquehannaDistrict Court, D. Maryland · 1923
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