Legal Opinion
The La Drome
District Court, S.D. New York
Decided May 2, 1923PublishedCited by 4 opinions
1Opinion of the Court
AUGUSTUS N. HAND, District Judge.
The foregoing libels were filed for sweat damage to walnuts shipped from Bordeaux to New York on the steamship La Drome. The Jaburg walnuts were shelled and the other walnuts were unshelled. The defense relied upon was that damages occasioned by sweating of the ship or by inherent nature of the cargo were excepted in the bills of lading. The exception was as follows:
“Rule 2. — The shipowner is not responsible for the damages, averages and losses caused * * * (4) by vermin, rats, worm holes, rust, sweat, decomposition, wastage during the voyage or shrinkage in…
2Cases cited4 opinions
- United States v. M. Levy's SonsCourt of Appeals for the Fifth Circuit · 1923
- The Dolbadarn CastleCourt of Appeals for the Ninth Circuit · 1915
- The Star of HopeSupreme Court of the United States · 1873
- Johnson v. The PortuenseDistrict Court, S.D. New York · 1888
3Cited by4 opinions
- The IndienCourt of Appeals for the Ninth Circuit · 1934
- The Hog IslandDistrict Court, E.D. New York · 1930
- The Naples MaruDistrict Court, S.D. New York · 1937
- Orient S. S. Co. v. Mitsubishi Shoji Kaisha, Ltd.Court of Appeals for the Ninth Circuit · 1934