Legal Opinion

The Neptune

U.S. Circuit Court for the District of Southern New York

Decided October 2, 1868PublishedCited by 8 opinions

[Appeal from the district court of the United States for the Southern district of New York.] This was a libel in rem, filed in the district court, against the steam propeller Neptune, by the owners of a quantity of oil in casks, shipped by that vessel, on freight, from Boston to New York, on the 29th of November, 1S65, to recover for the loss of some of the oil. The district court dismissed the libel, and the libellants appealed to this court

1Opinion of the Court

NELSON, Circuit Justice.

The casks of oil, in this ease, were of various sizes, containing from eighty to three hundred gallons each. The propeller encountered, on the voyage, an unusually violent storm, which fully accounts for the damage within the exception in the bill of lading, and throws the onus on the shippers, to establish carelessness or negligence on the part of the master or owners of the vessel, leading to the particular loss. This they have attempted to do, by charging, first, that the casks were badly stowed, and, secondly, that they were stowed between decks, when they should…

2Cited by8 opinions

  1. Western Assur. Co. of Toronto v. J. H. Mohlman Co.Court of Appeals for the Second Circuit · 1897
  2. N. & M. Friedman Co. v. Atlas Assurance Co.Michigan Supreme Court · 1903
  3. Du Pont De Nemours International S.A. v. the S.S. MORMACVEGADistrict Court, S.D. New York · 1972
  4. The MusselcragDistrict Court, N.D. California · 1903
  5. KensingtonCourt of Appeals for the Second Circuit · 1899

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