The St. Quentin
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York.
1Opinion of the Court
UACOMBE, Circuit Judge.
The bill of lading contains an exception of “loss or damage * * * from * * * heat or fire on board, in hulk or craft, or on shore.” The District Court found that the injury to the shellac was undoubtedly caused by heat, and the evidence abundantly sustains that conclusion. Therefore the burden of establishing some negligence of the carrier rested upon the libelants, because, the injury having resulted from an excepted cause, the carrier was not responsible unless his own negligence was affirmatively shown. Transportation Co. v. Downer, 11 Wall. 129, 20 L. Ed. 160; The…
2Cases cited2 opinions
- Transportation Company v. DownerSupreme Court of the United States · 1871
- The PatriaCourt of Appeals for the Second Circuit · 1904
3Cited by14 opinions
- The ArpillaoCourt of Appeals for the Second Circuit · 1920
- The BencleuchCourt of Appeals for the Second Circuit · 1925
- Herman v. Compagnie Générale TransatlantiqueCourt of Appeals for the Second Circuit · 1917
- The Konigin LuiseCourt of Appeals for the Second Circuit · 1911
- The FlorindaCourt of Appeals for the Second Circuit · 1929
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