Brown v. Cunard Steamship Co.
Massachusetts Supreme Judicial Court
Contract to recover for damage to certain packages of walnuts belonging to the plaintiff, while being carried in the defendant’s steamship Samaria. Trial in the Superior Court, without a jury, before Pitman, J., who reported the case for the determination of this court, in substance as follows.
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Contract to recover for damage to certain packages of walnuts belonging to the plaintiff, while being carried in the defendant’s steamship Samaria. Trial in the Superior Court, without a jury, before Pitman, J., who reported the case for the determination of this court, in substance as follows. The walnuts were shipped by the plaintiff, to be transported to Boston by the defendant, under a bill of lading which contained the following clause: “ Ship not accountable for any sum exceeding ¿£100 per package, for goods of whatever description, unless the Value is Declared and Freight as may be…
1Opinion of the CourtHolmes, J.
The plaintiff’s goods were damaged on the defendant’s vessel, through its fault, to the amount of one hundred and fifty-one dollars and seventy-eight cents, in their market value in Boston, the port of destination; but it did not appear that their market value as damaged was less than the invoice value of the sound goods with the cost of importation added. The bill of lading limits the defendant’s liability to the invoice value. See Graves v. Lake Shore & Michigan Southern Railroad, 137 Mass. 33; Hill v. Boston, Hoosac Tunnel, & Western Railroad, 144 Mass. 284. The only question which we…
2Cases cited4 opinions
- Bradlie v. the Maryland Insurance CompanySupreme Court of the United States · 1838
- Graves v. Lake Shore & Michigan Southern RailroadMassachusetts Supreme Judicial Court · 1884
- Hill v. Boston, Hoosac Tunnel, & Western RailroadMassachusetts Supreme Judicial Court · 1887
- Boardman v. Boston Marine InsuranceMassachusetts Supreme Judicial Court · 1888
3Cited by10 opinions
- Hooker v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1911
- Abrams v. Milwaukee, Lake Shore & Western Railway Co.Wisconsin Supreme Court · 1894
- The StyriaCourt of Appeals for the Second Circuit · 1900
- Carleton v. Union Transfer & Storage Co.Appellate Division of the Supreme Court of the State of New York · 1910
- Fielder v. Adams Express Co.West Virginia Supreme Court · 1911
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