Elphicke
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Western District of New York. Appeal from a decree of the District Court for the Western District of New York in favor of the libelants.
Read the full summary
Appeal from the District Court of the United States for the Western District of New York. Appeal from a decree of the District Court for the Western District of New York in favor of the libelants. The libel was filed by marine insurance companies to recover damages paid by them to the owner of a cargo of flaxseed, which was injured by water while being conveyed from Duluth to Buffalo by the steamship C. W. Elphicke, in November, 1896. The District Court found the ship liable in the sum of $3,331, with interest and costs. The claimant appeals. The opinion below will be found in 117 Fed. 279.
1Opinion of the Court
COXE, Circuit Judge.
The facts are fully stated in the opinion of the District Judge and need not be repeated.
It is contended for the appellant that the exemption from liability provided for in the third section of the Harter Act (Act Feb. 13, 1893, c. 105, 27 Stat. 445 [U. S. Comp. St. 1901, p. 2946]), is applicable to a ship unseaworthy at the inception of the voyage if it appears that her owner has exercised due diligence to make her in all respects seaworthy. This is not the construction placed upon the act by the Supreme Court. In the Carib Prince, 170 U. S. 655, 18 Sup. Ct. 753, *44042 L. Ed.…
2Cases cited3 opinions
- International Navigation Co. v. Farr & Bailey Manufacturing Co.Supreme Court of the United States · 1901
- The Carib PrinceSupreme Court of the United States · 1898
- Standard Sugar Refinery v. Schooner CentennialDistrict Court, D. Massachusetts · 1880
3Cited by10 opinions
- The OneidaCourt of Appeals for the Second Circuit · 1904
- The GermanicCourt of Appeals for the Second Circuit · 1903
- The Benjamin NobleDistrict Court, E.D. Michigan · 1916
- The Presque IsleDistrict Court, W.D. New York · 1905
- The JeannieDistrict Court, W.D. Washington · 1915
5 more not listed; retrieve them via the Exa API.