Welsh v. Alvena
Court of Appeals for the Second Circuit
Appeal from tlie District Court of the United States for the Southern District of Yew York. This is an appeal from a decree of the district, court, Southern district of Yew York, in favor of the libelants and against the steamship Alvena for §2,904.73, for loss and damage to sugar shipped at Savannah La Mar, in Jamaica, and consigned to the port of Yew York. The sugar was stowed in Yo. 3 hold, aft of the engine-room bulkhead.
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Appeal from tlie District Court of the United States for the Southern District of Yew York. This is an appeal from a decree of the district, court, Southern district of Yew York, in favor of the libelants and against the steamship Alvena for §2,904.73, for loss and damage to sugar shipped at Savannah La Mar, in Jamaica, and consigned to the port of Yew York. The sugar was stowed in Yo. 3 hold, aft of the engine-room bulkhead. The facts are sufficiently set forth in the following excerpt from the opinion of the district'judge: The steamship left Kingston, Jamaica, for New York, on April 3d. At…
1Per curiam
The bill of lading exempted the carrier from liability for loss or damage arising from "unseaworthiness of the ship, provided all reasonable means have been taken to make her seaworthy.” The Harter act of February 13, 1893, which is also relied upon, provides that:
“If tlio owner * * * shall exercise duo diligence to make the said vessel in all respects seaworthy and properly manned,” etc., “* * .* neither the vessel, her owner,” etc., “shall become or bo held responsible for damage or loss resulting from fault or errors in navigation or in the management of said vessel.”
Manifestly, neither…
2Cited by12 opinions
- The ColimaDistrict Court, S.D. New York · 1897
- Brazil Oiticica, Ltd. v. the BillDistrict Court, D. Maryland · 1942
- Compagnie Maritime Francaise v. MeyerCourt of Appeals for the Ninth Circuit · 1918
- W. R. Grace & Co. v. Panama R.Court of Appeals for the Second Circuit · 1922
- The AggiDistrict Court, E.D. New York · 1899
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