The Pacific
U.S. Circuit Court for the District of Southern New York
[Appeal from the district court of the United States for the Southern district of New York.] Charles D. Cleaveland filed a libel in rem, in the district court, against the ship Pacific [her tackle, etc.]2 then lying in the port of New-York [and against the owners and master],2 for a breach of a passenger contract.
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[Appeal from the district court of the United States for the Southern district of New York.] Charles D. Cleaveland filed a libel in rem, in the district court, against the ship Pacific [her tackle, etc.]2 then lying in the port of New-York [and against the owners and master],2 for a breach of a passenger contract. The libel set forth, that the vessel was bound on a voyage from New-York, around Cape Horn, to San Francisco in California; that her owners agreed with the li-bellant, at New-York, to take him, as a cabin passenger, together with his luggage, the fare to be $300; that in order that…
1Opinion of the Court
NELSON, Circuit Justice.
In the case of The Aberfoyle [Case No. 17], which came before this court, on appeal from the decree of the district court, in ISIS, it was held, that ships engaged in carrying passengers on the high seas for hire, stand on the same footing of responsibility, according to the maritime law, as those engaged in carrying merchandize, the passenger money being the equivalent for the freight; that, therefore, on a breach of a passenger contract, and damage resulting, the ship, as well as the owner, is bound to respond; and that all the reasons in the maritime law for…
2Cited by7 opinions
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- California-Atlantic S. S. Co. v. Central Door & Lumber Co.Court of Appeals for the Ninth Circuit · 1913
- Myles v. The James H. PrenticeDistrict Court, E.D. Michigan · 1888
- Guffey v. Alaska & P. S. S. Co.Court of Appeals for the Ninth Circuit · 1904
- The City of Baton RougeU.S. Circuit Court for the District of Eastern Louisiana · 1883
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