Bradley Fertilizer Co. v. The Edwin I. Morrison
U.S. Circuit Court for the District of Southern New York
In Admiralty. Libel for damages. On appeal from district court. 27 Fed. Rep. 136. FINDINGS OF FACT. (1) The schooner Edwin I. Morrison, owned by the claimants, was chartered December 19, 1883, by written charter-party, to the libelant for a voyage from Weymouth, Mass., to Savannah, Ga., to carry a complete cargo of guano in bags and (or) bulk for a price agreed upon.
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In Admiralty. Libel for damages. On appeal from district court. 27 Fed. Rep. 136. FINDINGS OF FACT. (1) The schooner Edwin I. Morrison, owned by the claimants, was chartered December 19, 1883, by written charter-party, to the libelant for a voyage from Weymouth, Mass., to Savannah, Ga., to carry a complete cargo of guano in bags and (or) bulk for a price agreed upon. (2) By the charter-party, it was agreed on the part of the vessel that she “should be tight, staunch, strong, and every way fitted for such a voyage,” and “the dangers of the sea (were) mutually excepted.” (3) Under this charter,…
1Opinion of the Court
Lacombe, J.,
(afterdatingfindings and conclusions as above.') The grounds of decision in this case are perhaps sufficiently indicated in the findings. That the vessel wa's not unseaworthy by reason of overloading (a fault not charged in the libel) seems to have been the conclusion finally reached by the district court upon the rehearing. Such a conclusion is accordant with the testimony. Her behavior with seven feet of water in her well, and a cargo of wet guano in her hold, and the manner in which, after the leak was plugged, she recovered her buoyancy, should be conclusive on this point. So,…
2Cited by1 opinion
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