The Titania
District Court, S.D. New York
The libels in these two cases were filed to recover damages for injuries to merchandise, consisting of burlaps and paper stock, during the voyage of the steamship Titania from Dundee to New York, through the spare propeller becoming unfastened and being tossed from side to side in the ship in the compartment where these goods were stowed. The Titania was a steamship belonging to the Eed Cross line of steamers, plying between Dundee and New York.
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The libels in these two cases were filed to recover damages for injuries to merchandise, consisting of burlaps and paper stock, during the voyage of the steamship Titania from Dundee to New York, through the spare propeller becoming unfastened and being tossed from side to side in the ship in the compartment where these goods were stowed. The Titania was a steamship belonging to the Eed Cross line of steamers, plying between Dundee and New York. The goods were shipped on the ninth of October; the vessel sailed from Dundee on the 11th, On the forenoon of Saturday, the 22d, when about two days…
1Opinion of the CourtBrown, J.
The bills of lading in these cases contain numerous exceptions from liability on the part of the ship-owner, only two of which seem applicable to this case, namely, the general exception of “perils of the seas,” and the special exception that “the ship-owner is not to be liable for any damage to any goods which is capable of being covered by insurance.” If the breaking loos# of the propeller and the consequent damages to the goods arose through negligence in the proper stowage or fastening the propeller, then it cannot be covered by either of these exceptions. The shipment being made in…
2Cases cited10 opinions
- Clark v. BarnwellSupreme Court of the United States · 1852
- EJ DuPont De Nemours & Co. v. VanceSupreme Court of the United States · 1857
- Work v. LeathersSupreme Court of the United States · 1878
- General Mutual Insurance v. SherwoodSupreme Court of the United States · 1853
- The ReesideU.S. Circuit Court for the District of Massachusetts · 1837
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3Cited by35 opinions
- Weeks v. Wilson Transit Co.Court of Appeals for the Sixth Circuit · 1894
- The ColimaDistrict Court, S.D. New York · 1897
- Texas & Gulf S. S. Co. v. ParkerCourt of Appeals for the Fifth Circuit · 1920
- La Fernier v. Soo River Lighter & Wrecking Co.Michigan Supreme Court · 1902
- Myrtle Point Transp. Co. v. Port of Coquille RiverOregon Supreme Court · 1917
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