Otis Manuf'g Co. v. The Ira B. Ellems
Court of Appeals for the Fifth Circuit
Appea] from tbe Circuit Court of tbe United States for the Eastern District of Louisiana. hi Admiralty. Libel by tbe Otis Manufacturing Company against the schooner Iva B. Ellems to require (he delivery of cargo. Cross libel by the claimants of the schooner for freight, demurrage, and damages. Decree for claimants. Libelant appeals.
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Appea] from tbe Circuit Court of tbe United States for the Eastern District of Louisiana. hi Admiralty. Libel by tbe Otis Manufacturing Company against the schooner Iva B. Ellems to require (he delivery of cargo. Cross libel by the claimants of the schooner for freight, demurrage, and damages. Decree for claimants. Libelant appeals. Statement by Locke, District Judge: The libelant in the court below, the appellant here, by its agent, chartered on the 24th of April, 1890, the schooner Ira B. Ellems, then lying at Ooatzocoalcos, Mexico, to proceed to Frontera, thence to Tupileo, to load with…
1Opinion of the Court
Locke,’ District Judge,
(after stating the facts.) The libelant in this case has so persistently prosecuted its appeals, this being the third hearing and decree herein, that it would appear that it must have an honest faith in the integrity and justice of its position, so that we shall express our opinions and the reasons for them more at length than the circumstances of the case would otherwise seem to demand. ■
*935The first question in this (¡ase. and the one upon which all others depend, is, at whose risk wras the raft of logs which -was lost? Who must be held responsible for it, and upon whom…
2Cases cited3 opinions
- Railroad Co. v. LockwoodSupreme Court of the United States · 1873
- New Jersey Steam Navigation Company v. MERCHANTS'BANK.Supreme Court of the United States · 1848
- York Company v. Central RailroadSupreme Court of the United States · 1866
3Cited by2 opinions
- Duff v. MerrittCourt of Appeals for the Second Circuit · 1898
- Southerland-Innes Co. v. ThynasCourt of Appeals for the Fifth Circuit · 1904