The Star of Hope
Supreme Court of the United States
Appeal from the Circuit Court for the District of California. Church & Clark libelled the ship Star of Hope, in the District Court for California, for damages done to a quantity of nuts in bags and boxes, which had been shipped at New York on board of the said vessel, to be delivered to them at San Francisco.
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Appeal from the Circuit Court for the District of California. Church & Clark libelled the ship Star of Hope, in the District Court for California, for damages done to a quantity of nuts in bags and boxes, which had been shipped at New York on board of the said vessel, to be delivered to them at San Francisco. It was clearly shown on the trial that if nuts are stowed in the hold on this voyage they are very liable to be injured by sweat; that it is the almost invariable practice to carry them in the cabin, or cabin state-rooms, and to enter them on the bill of lading as to be thus carried; and…
1Opinion of the CourtJustice Bradley
The claimant insists that the bill of lading is the only contract binding on him, and as that did hot specify any particular place for the stowage of the goods, they were properly stowed between decks in the hold.
This is not a sufficient answer to the libellants’ case. The contract of the bill of lading was,'that the goods should be delivered in San Francisco “in good order and condition, dangers of the seas, fire,.and collisions excepted.” The defence is to the effect that “sweating” is one of the dangers of the seas. But if the sweating be produced in consequence-of negligent stowage, the…
2Cited by1 opinion
- The Star of HopeSupreme Court of the United States · 1873