National Bureau of Engraving & Manuf'g Co. v. The New Orleans
U.S. Circuit Court for the District of Eastern Louisiana
Admiralty Appeal.
1Opinion of the CourtPardee, J.
The case shows that the damage to the libelant’s goods resulted from heat, but does not show how and where the heat origi-*45natod, nor who, if anybody, was in fault. The bill of lading stipulates that the carrier shall not be “liable for loss or damage from rats, leakage, rust, heat, breakage, or natural decay of goods,” etc. Bucli a stipulation on the part of a common carrier is lawful, and is binding on the shipper to the extent that thereby the carrier shall not be discharged from the consequences of his own neglect or misconduct. Jn fact, without such stipulation expressed in the bill of…
2Cases cited3 opinions
- Clark v. BarnwellSupreme Court of the United States · 1852
- The DelawareSupreme Court of the United States · 1872
- Transportation Company v. DownerSupreme Court of the United States · 1871
3Cited by5 opinions
- The SarniaCourt of Appeals for the Second Circuit · 1921
- The St. Johns N. F.Court of Appeals for the Second Circuit · 1922
- The Henry B. HydeCourt of Appeals for the Ninth Circuit · 1898
- American Sugar-Refining Co. v. The G. R. BoothDistrict Court, S.D. New York · 1894
- T. M. Duche & Sons, Inc. v. Compania TrasatlanticaDistrict Court, S.D. New York · 1931