Legal Opinion

Calderon v. Atlas Steamship Co.

Supreme Court of the United States

Decided April 25, 1898No. 83PublishedCited by 90 opinions

CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT. This was. a suit instituted in the District Court for the Southern District of New York, in admiralty, by the libellant, Calderon, who was at that time consul general fof the United States of Colombia at New York, to recover from the respondent, the Atlas Steamship Company, the sum of $5413.18, the value of a consignment of goods shipped from New York to Savanilla by the libellant on the steamer Ailsa, which…

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CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT. This was. a suit instituted in the District Court for the Southern District of New York, in admiralty, by the libellant, Calderon, who was at that time consul general fof the United States of Colombia at New York, to recover from the respondent, the Atlas Steamship Company, the sum of $5413.18, the value of a consignment of goods shipped from New York to Savanilla by the libellant on the steamer Ailsa, which goods the master failed to deliver át the .port of destination, and thereafter brought back to New York, where they were…

1Opinion of the CourtJustice Brown

Two questions are presented by the record in this case: First, whether the steamship company was liable at all under . its bill of lading for the non-delivery of the goods at Savanilla; second, whether such liability was limited to the sum of $100 for each package.

1. Both the District Court and the Court of Appeals held - the company to be liable under section 1 of the Harter Act, of February 13, 1893, c. 105, 27 Stat. 445, ■ which provides.- “ that it shall not be lawful for the manager, agent, master, or owner of any vessel transporting merchandise or property from or between ports of the…

2Cases cited10 opinions

  1. United States v. WiltbergerSupreme Court of the United States · 1820
  2. Hart v. Pennsylvania RailroadSupreme Court of the United States · 1884
  3. United States v. HartwellSupreme Court of the United States · 1868
  4. Chicago, Milwaukee & St. Paul Railway Co. v. SolanSupreme Court of the United States · 1898
  5. Railroad Co. v. FraloffSupreme Court of the United States · 1879

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3Cited by90 opinions

  1. Adams Express Company v. CroningerSupreme Court of the United States · 1912
  2. Knott v. Botany MillsSupreme Court of the United States · 1900
  3. The SarniaCourt of Appeals for the Second Circuit · 1921
  4. Charles Pfizer & Co. v. Convoy S. S. Co.Court of Appeals for the Third Circuit · 1924
  5. Ainger v. Michigan General Corp.District Court, S.D. New York · 1979

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