Legal Opinion

American Tobacco Co. v. The Katingo Hadjipatera

Court of Appeals for the Second Circuit

Decided February 20, 1952No. 21874_1PublishedCited by 86 opinions

1Opinion of the Court

FRANK, Circuit Judge.

1. Other than as noted below, the facts are sufficiently stated in the opinion of the able trial judge, reported in D.C., 81 F.Supp. 438. Except as to matters discussed in the succeeding paragraphs, we think the evidence amply supports his findings, and that those findings justify his legal conclusions.

2. As to cargo proved to have been delivered to the ship in apparent good condition and out-turned damaged other than by the fire, 1 the shipowners and the Charterer had the burden of proving that the loss was not due to their negligence. 2 But different considerations…

2Cases cited9 opinions

  1. Aktieselskabet Cuzco v. the SucarsecoSupreme Court of the United States · 1935
  2. E. F. Drew & Co. v. ReinhardCourt of Appeals for the Second Circuit · 1948
  3. American Tobacco Co. v. the Katingo HadjipateraDistrict Court, S.D. New York · 1948
  4. Consumers Import Co. v. Kabushiki Kaisha Kawasaki ZosenjoSupreme Court of the United States · 1943
  5. Pioneer Import Corporation v. the LafcomoCourt of Appeals for the Second Circuit · 1943

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

3Cited by86 opinions

  1. Nichimen Company, Inc. v. M. v. Farland, Her Engines, Boilers, Etc., and A/s Vigra, Defendants-Appellants-Appellees v. Seaboard Shipping Co., Ltd.Court of Appeals for the Second Circuit · 1972
  2. National Labor Relations Board v. Dinion Coil Co.Court of Appeals for the Second Circuit · 1952
  3. Rjr Foods, Inc. v. White Rock Corp. And White Rock Products Corp.Court of Appeals for the Second Circuit · 1979
  4. Caemint Food, Inc. v. Lloyd Brasileiro, Companhia De NavegacaoCourt of Appeals for the Second Circuit · 1981
  5. Sanabria v. Sucn. de González MartinezSupreme Court of Puerto Rico · 1961

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

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