Legal Opinion

Gardner v. Dantzler Lumber & Export Co.

Court of Appeals for the Fifth Circuit

Decided August 9, 1938No. 8641PublishedCited by 8 opinions

1Opinion of the Court

FOSTER, Circuit Judge.

Appellee, Dantzler Lumber & Export Co., Inc., filed a libel in personam, against L. C. Gardner, to recover damages of $2,-929.46, for loss of & cargo of 101,800 feet of pine lumber shipped from Mobile, Alabama, to Nuevitas, Cuba, on the schooner J. Edwin Kerwin, which vessel foundered at sea with a total loss of cargo and vessel. The libel alleged that the vessel was unseaworthy at the inception of the voyage. Later an amended libel was filed naming R. C. Gardner as the owner of the Kerwin. L. C. Gardner answered, admitting ownership of the vessel, the contract of…

2Cited by8 opinions

  1. Swift & Co. Packers v. Compania Colombiana Del Caribe, S. A.Supreme Court of the United States · 1950
  2. Commercial Molasses Corp. v. New York Tank Barge Corp.Supreme Court of the United States · 1941
  3. Van Camp Sea Food Co. v. NordykeCourt of Appeals for the Ninth Circuit · 1944
  4. Commercial Corp. v. NY Barge Corp.Supreme Court of the United States · 1941
  5. Swift & Co. Packers v. Compania Colombiana Del Caribe, S. A.Court of Appeals for the Fifth Circuit · 1949

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