Walter v. Brewer
Massachusetts Supreme Judicial Court
Assumpsit against the defendant, as owner of the ship Laura. The declaration states that one W. C. D. was master of said ship, appointed by the defendant; and that one Martin Bickam, at Monte Video, laded on board said ship ten bales of Neutra skins, to be transported to Boston in said ship, at a certain freight mentioned in a bill of lading signed by the said master; that the said bill of lading was, for a valuable consideration, assigned to the plaintiff; and that said…
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Assumpsit against the defendant, as owner of the ship Laura. The declaration states that one W. C. D. was master of said ship, appointed by the defendant; and that one Martin Bickam, at Monte Video, laded on board said ship ten bales of Neutra skins, to be transported to Boston in said ship, at a certain freight mentioned in a bill of lading signed by the said master; that the said bill of lading was, for a valuable consideration, assigned to the plaintiff; and that said ship arrived safely at Boston; but that five of the said bales were not delivered, according to the undertaking in said…
1Opinion of the CourtParker, J.
The Court in this case are of opinion that the direction given at the trial — which considers the owner of a ship not liable for goods clandestinely taken on board by the master, the owner being present, and having the management of the voyage himself, or, when accidentally absent, having an agent with whom he intrusts that business, leaving nothing to the master but the care of sailing and directing the ship herself, and especially when the ship is not a freighting ship, and when the shipper might have known the limited authority of the master — was right. And it seems to be reasonable, as…
2Cited by13 opinions
- Pollard v. VintonSupreme Court of the United States · 1882
- Schooner Freeman, &C. v. BuckinghamSupreme Court of the United States · 1856
- Wilson v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1890
- Allen v. SewallNew York Supreme Court · 1829
- Lake Shore & Michigan Southern Ry. Co. v. National Live Stock BankIllinois Supreme Court · 1899
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