Hussey v. The Saragossa
U.S. Circuit Court for the Southern District of Georgia
[Appeal from the d'strict court of the United States for the Southern district of Georgia.] On October 25,1S73, the libelant [George W. Hussey] shipped on board the steamship Saragossa, at Baltimore, to be carried to Savannah, a gray gelding, a trotting horse, known as Nick King. The horse was delivered to the stevedore, on the wharf, and slung on board by means of the sling and rope and tackle usually employed for such purpose.
Read the full summary
[Appeal from the d'strict court of the United States for the Southern district of Georgia.] On October 25,1S73, the libelant [George W. Hussey] shipped on board the steamship Saragossa, at Baltimore, to be carried to Savannah, a gray gelding, a trotting horse, known as Nick King. The horse was delivered to the stevedore, on the wharf, and slung on board by means of the sling and rope and tackle usually employed for such purpose. The horse was delivered to the libelant at Savannah, on October 29, without any apparent external injury, and on the next day he died. The libelant claims that the…
1Opinion of the Court
WOODS, Circuit Judge.
It is claimed by proctor for libelant that the horse, having been delivered to the ship in apparent good health and condition, and me ship having delivered him to the libelant, on the termination of the voyage, in á dying condition, the burden of proof is upon the respondent to show that the illness and death of the horse did not result from the act or neglect of the respondent, but from causes beyond its control. The rule of law is, that when the carrier fails to deliver goods, or when he delivers goods in a damaged condition, the onus is cast upon him to show that he is…
2Cases cited1 opinion
- Clarke v. . the Rochester and Syracuse Railroad CompanyNew York Court of Appeals · 1856
3Cited by8 opinions
- Hance v. Pacific Express Co.Missouri Court of Appeals · 1892
- Crow v. Chicago & Alton RailroadMissouri Court of Appeals · 1894
- Vaughn v. St. Louis-San Francisco Railway Co.Missouri Court of Appeals · 1929
- Close v. Missouri Pac. R. Co.Louisiana Court of Appeal · 1939
- Stephenson Mule Co. v. PowellSupreme Court of South Carolina · 1941
3 more not listed; retrieve them via the Exa API.