The Mohler
Supreme Court of the United States
Appeal in admiralty from a decree of the Circuit Court for the Eastern District of Wisconsin. The Home Insurance Company of New York was the insurer of a cargo of wheat shipped on a barge appurtenant to the steamer Mohler, on the 12th of May, 1866, at Mankato, on the Minnesota River, in the State of Minnesota— the river then being high — and destined to St. Paul, on the Mississippi. The bill of lading contained the usual exception of “ the dangers of navigation.”
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Appeal in admiralty from a decree of the Circuit Court for the Eastern District of Wisconsin. The Home Insurance Company of New York was the insurer of a cargo of wheat shipped on a barge appurtenant to the steamer Mohler, on the 12th of May, 1866, at Mankato, on the Minnesota River, in the State of Minnesota— the river then being high — and destined to St. Paul, on the Mississippi. The bill of lading contained the usual exception of “ the dangers of navigation.” The barge was wrecked by collision with one of the piers of a bridge just above the city of St. Paul, at about .eight o’clock, on…
1Opinion of the CourtJustice Davis
It is insisted that the loss occurred through a peril of navigation, which was one of the exceptions contained in the bill of lading, and that, therefore, the carrier was excused from a delivery of the wheat. The burden of proof lies on the carrier, and nothing short of clear proof, leaving no reasonable doubt for controversy, should be permitted to discharge him from duties which the law has annexed to his employment. This burden has been assumed by the carrier, and the ease was heard on the testimony introduced by the respondents, the libellant having called no witnesses.
It may be true, as…
2Cited by10 opinions
- Schnell v. the VallescuraSupreme Court of the United States · 1934
- Mitchell v. . R. R.Supreme Court of North Carolina · 1899
- The MedeaCourt of Appeals for the Ninth Circuit · 1910
- The GualalaCourt of Appeals for the Ninth Circuit · 1910
- The NarragansettU.S. Circuit Court for the District of Rhode Island · 1884
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