Constable v. National Steamship Co.
Supreme Court of the United States
APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK. This was a libel in admiralty by the firm of Arnold, Constable & Go. against the National Steamship Company, owner of the British steamship Egypt, to recover the value of thirty-six cases of merchandise carried by this steamer from Liverpool to New York, delivered on the pier of the Inman Steamship Company on January 31, 1883, and upon the same night destroyed by fire through the…
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APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK. This was a libel in admiralty by the firm of Arnold, Constable & Go. against the National Steamship Company, owner of the British steamship Egypt, to recover the value of thirty-six cases of merchandise carried by this steamer from Liverpool to New York, delivered on the pier of the Inman Steamship Company on January 31, 1883, and upon the same night destroyed by fire through the alleged negligence of the respondent. The answer admitted most .of the material allegations of the libel, but denied all…
1Dissent
*80Me. Justice Jackson,
with, whom concurred
Mr. Justice Field and Me. Justice Gray, dissenting.
I dissent from the judgment and opinion of the court in this case.
The liability of the respondent is not relieved by the provisions of section 4282 of the Revised Statutes, reenacting the first section of the act of Congress of March 3, 1851, as the fire by which the goods were destroyed did not happen “ to or on board the vessel.” Morewood v. Pollok, 1 El. & Bl. 743; Salmon Falls Mfg. Co. v. Bark Tangier, 21 Law Reporter, 6. Nor is the question of the carrier’s liability for loss of the goods…
2Cases cited28 opinions
- Lawrence v. . FoxNew York Court of Appeals · 1859
- Liverpool & Great Western Steam Co. v. Phenix InsuranceSupreme Court of the United States · 1889
- Railroad Co. v. LockwoodSupreme Court of the United States · 1873
- Hart v. Pennsylvania RailroadSupreme Court of the United States · 1884
- Phœnix Insurance v. Erie & Western Transportation Co.Supreme Court of the United States · 1886
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