Legal Opinion
California & Hawaiian Sugar Refining Corp. v. Rideout
Court of Appeals for the Ninth Circuit
Decided November 2, 1931No. 6394PublishedCited by 7 opinions
1Opinion of the Court
SAWTELLE, Circuit Judge.
Involving two libels for the loss of a cargo of sugar and flour transported on the barge Rideout No. 7, this is an appeal from a decree of dismissal. The trial court found that failure to deliver was caused by the capsizing of the barge, which capsizing, in turn, was “proximately caused by the unexpected and 'freak’ storm encountered in San Pablo Bay.” In other words, the court below held that the appellee carriers were excused from liability because the existence of a “peril of the sea” had been established by them.
The libel of the California & Hawaiian Company is…
2Cases cited20 opinions
- The SouthwarkSupreme Court of the United States · 1903
- Carlisle Packing Co. v. SandangerSupreme Court of the United States · 1922
- International Navigation Co. v. Farr & Bailey Manufacturing Co.Supreme Court of the United States · 1901
- The Carib PrinceSupreme Court of the United States · 1898
- The GermanicSupreme Court of the United States · 1905
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3Cited by7 opinions
- Arthur Araujo v. Woods Hole, Martha's Vineyard, Nantucket Steamship Authority v. New England Telephone Co., Third-PartyCourt of Appeals for the First Circuit · 1982
- Sabine Towing Co. v. BrennanCourt of Appeals for the Fifth Circuit · 1934
- Ionion Steamship Company of Athens v. United Distillers of America, IncCourt of Appeals for the Fifth Circuit · 1956
- The IndienCourt of Appeals for the Ninth Circuit · 1934
- United States v. Los Angeles Soap Co.Court of Appeals for the Ninth Circuit · 1936
2 more not listed; retrieve them via the Exa API.