Svendsen v. Stursberg
District Court, E.D. New York
In Admiralty. Libel to recover damages for failure of claimants to ship cargo by her in terms of charter-party.
1Opinion of the CourtBenedict, J.
In the case of Premuda v. Goepel, 23 Fed. Rep. 410, it was decided by Judge Brown that the warranty of the seaworthiness of a ship is a warranty that the ship is in such a fit condition for all the ordinary hazards of the contemplated voyage as to be approved as seaworthy in the judgment of impartial, competent, and experienced men, versed in that business. If such be the legal effect of the warranty of seaworthiness, and I incline to the opinion that such must be its effect, the libelant in this case cannot recover; for the proof shows that four impartial, competent, and experienced persons,…
2Cited by3 opinions
- J. J. Moore & Co. v. CornwallCourt of Appeals for the Ninth Circuit · 1906
- Birt v. HardieDistrict Court, S.D. New York · 1904
- Massari v. Forest Lumber Co.District Court, S.D. Florida · 1923