Austrian Union S. S. Co. of Trieste v. Calafiore
Court of Appeals for the Fifth Circuit
Appeal from the District Court of the United States for the Eastern District of Louisiana. Suit in admiralty by Salvatore Calafiore and others against the Austrian Union Steamship Company, of Trieste, Austria, and others. Decree for libelants, and claimants appeal. This proceeding was commenced by a libel in rem filed on behalf of Salvatore Calafiore against the Austrian steamship called the Gerty.
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Appeal from the District Court of the United States for the Eastern District of Louisiana. Suit in admiralty by Salvatore Calafiore and others against the Austrian Union Steamship Company, of Trieste, Austria, and others. Decree for libelants, and claimants appeal. This proceeding was commenced by a libel in rem filed on behalf of Salvatore Calafiore against the Austrian steamship called the Gerty. In that libel it was alleged, in substance, that in Hay, 1009. certain named persons shipped by the Gerty from Palermo, Italy, for New Orleans, certain boxes of lemons, receiving therefor bills of…
1Opinion of the CourtPardee, Circuit Judge
(after stating the facts as above). “The first thing which is always settled between a shipowner and a shipper of goods is the voyage.” Lord Esher, in Margretson v. Glynn, 1 L. R. (Q. B. Div. 1892).
The reservation in the bill of lading on which the claimant relies to relieve-itself from liability for delay and detention at Tampa must be construed with reference to the' voyage in contemplation of the shipowner and the shippers at the time the bill of lading was issued, and therefore be restricted in allowing deviation to the business and necessities of the ship pertaining to that voyage. See…
2Cases cited4 opinions
- Liverpool & Great Western Steam Co. v. Phenix InsuranceSupreme Court of the United States · 1889
- Amsinck v. American InsuranceMassachusetts Supreme Judicial Court · 1880
- Pacific Coast Co. v. Yukon Independent Transp. Co.Court of Appeals for the Ninth Circuit · 1907
- Swift & Co. v. Furness, Withy & Co.District Court, D. Massachusetts · 1898
3Cited by8 opinions
- Charles Pfizer & Co. v. Convoy S. S. Co.Court of Appeals for the Third Circuit · 1924
- Dietrich v. United States Shipping Board Emergency Fleet Corp.Court of Appeals for the Second Circuit · 1925
- The BlandonDistrict Court, S.D. New York · 1922
- South Atlantic S. S. Line v. London-Savannah Naval Stores Co.Court of Appeals for the Fifth Circuit · 1918
- Unione Austriaca di Navigazione v. Leon G. Tujague & Co.Court of Appeals for the Fifth Circuit · 1916
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