Bond v. The Superb
U.S. Circuit Court for the District of Eastern Pennsylvania
[Appeal from the district court of the Unit■ed States for the district of Pennsylvania.] The Superb sailed from Palermo for Philadelphia, with a cargo composed in part of tropical fruits. Bad weather compelled her to put into the port of St. Thomas, where it was found necessary for the general safety of the ship and cargo to repair her, and in ■order to do this, to unload and reload part of the fruit.
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[Appeal from the district court of the Unit■ed States for the district of Pennsylvania.] The Superb sailed from Palermo for Philadelphia, with a cargo composed in part of tropical fruits. Bad weather compelled her to put into the port of St. Thomas, where it was found necessary for the general safety of the ship and cargo to repair her, and in ■order to do this, to unload and reload part of the fruit. When the fruit arrived at Philadelphia, some of it was found good for nothing; and the plaintiff contending that the loss had been caused either in whole or in part by the act of Tinloading,…
1Opinion of the Court
GRIER, Circuit Justice.
Where goods are liable to loss or deterioration which arises solely from an inherent principle of decay or corruption, the owner cannot claim for general average, notwithstanding the delay of the vessel in the port of necessity, may have added greatly to that deterioration. And this for two reasons; (1) Because there would be no equality between the owners of perishable goods and those not perishable; and (2) because the immediate cause of damage is what the French writers term the “vice propre” of the article, and not a damage incurred or sacrifice made either…
2Cases cited1 opinion
- Maggrath v. ChurchNew York Supreme Court · 1803
3Cited by2 opinions
- Lanasa Fruit Steamship & Importing Co. v. Universal InsuranceSupreme Court of the United States · 1938
- Hills Bros. v. United StatesDistrict Court, S.D. New York · 1930