Legal Opinion

The Beaconsfield

Supreme Court of the United States

Decided May 20, 1895No. 943PublishedCited by 68 opinions

CERTIFICATE FROM THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT. This case, which is an outgrowth of that of The Britannia, 153 U. S. 130, arose upon a certificate of the Circuit Court of Appeals touching the liability of the Beaconsfield to respond for a moiety of the loss upon her cargo, by reason of her collision with the Britannia.

Read the full summary

CERTIFICATE FROM THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT. This case, which is an outgrowth of that of The Britannia, 153 U. S. 130, arose upon a certificate of the Circuit Court of Appeals touching the liability of the Beaconsfield to respond for a moiety of the loss upon her cargo, by reason of her collision with the Britannia. The questions certified are based upon the finding of facts printed in the margin.1 Upon this state of facts, the Court of Appeals certified to this court, for its decision, the following questions: 1.. Whether, in entering said final decree, condemning…

1Opinion of the CourtJustice Brown

Stripped of its complication of libels and cross libels, this case is by no means difficult to understand. The Beaconsfield having been sunk in a collision with the Britannia, her master and owner, as bailees of her cargo,- proceeded against the Britannia for damages done to such cargo. This they had a right to' do. It is perfectly well settled that the carrier is so far the representative of the owner that he may sue in his own name, either at common law or in admiralty,- for a trespass upon or injury to the property carried. If a cargo be damaged by collision between two vessels, the owner…

2Cases cited6 opinions

  1. Chapman v. BarneySupreme Court of the United States · 1889
  2. Lovejoy v. MurraySupreme Court of the United States · 1866
  3. The "Atlas."Supreme Court of the United States · 1876
  4. The BritanniaSupreme Court of the United States · 1894
  5. Houseman v. Cargo of the Schooner North CarolinaSupreme Court of the United States · 1841

1 more not listed; retrieve them via the Exa API.

3Cited by68 opinions

  1. Bigelow v. Old Dominion Copper Mining & Smelting Co.Supreme Court of the United States · 1912
  2. Burns Bros. v. The Central R.R. Of New Jersey, No. 42Court of Appeals for the Second Circuit · 1953
  3. Deupree v. LevinsonCourt of Appeals for the Sixth Circuit · 1950
  4. Line v. PendletonCourt of Appeals for the Second Circuit · 1914
  5. CF HARMS CO. v. Erie R. Co.Court of Appeals for the Second Circuit · 1948

63 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API