British & Foreign Marine Ins. Co. v. Southern Pac. Co.
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. This was a libel by the British & Foreign Marine Insurance Company against the Southern Pacific Company to recover certain sums withheld by respondent as pro rata freight on certain cotton, which was in part damaged and in part destroyed while in possession of carriers.
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Appeal from the District Court of the United States for the Southern District of New York. This was a libel by the British & Foreign Marine Insurance Company against the Southern Pacific Company to recover certain sums withheld by respondent as pro rata freight on certain cotton, which was in part damaged and in part destroyed while in possession of carriers. The decree was for libelant in respect to the freight on the goods destroyed, hut against it in respect to those merely damaged. 55 Fed. 82. Both parties appealed.
1Opinion of the Court
LAOOMBE, Circuit Judge.
A large number of bales of cotton were shipped under 52 bills of lading from various points in Louisiana and Texas to points in Europe. Thirty of the bills of lading are railroad bills acknowledging receipt of such and such bales at various points on the Houston & Texas, etc., Railroad, to be carried to Liverpool or Genoa, in this way, viz. by railroad to Galveston, thence by the Morgan Line of steamers to New York, and thence by some line of trans-Atlantic steamers to Liverpool or Genoa. The other 22 bills of lading cover shipments from Galveston or New Orleans to…
2Cited by6 opinions
- Mitsui v. St. Paul Fire & Marine Ins.Court of Appeals for the Ninth Circuit · 1913
- Scow No. 190 & Four Hundred & Fifty Bales CottonDistrict Court, D. Maryland · 1898
- Merchants' & Miners' Transp. Co. v. Seven Hundred & One Bales of CottonDistrict Court, E.D. Pennsylvania · 1914
- New York & Cuba Mail S. S. Co. v. Maldonado & Co.Court of Appeals for the Second Circuit · 1915
- Northern Pacific Railway Co. v. Johnson & HigginsWashington Supreme Court · 1920
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