The Bérengére
District Court, D. Oregon
In Admiralty. Suit for damage to cargo. Certain steel was shipped on the barque Bérengére from Antwerp, in Belgium, to be carried to Portland, Or.
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In Admiralty. Suit for damage to cargo. Certain steel was shipped on the barque Bérengére from Antwerp, in Belgium, to be carried to Portland, Or. The shippers, having received their bills of lading, indorsed them to Henry Lund & Co., the libelants, who were to deliver the steel to Robertson-Manning Company, on its arrival at destination, at the alleged invoice price of $3,656.20. The steel was damaged on the voyage by rust, from contact with salt water, concededly through the fault of the ship. Robertson-Manning Company, becoming aware of its condition, refused to receive the same, and…
1Opinion of the CourtWolverton, District Judge
(after stating the facts). What measure of damages should be applied for the ascertainment of the amount of libelants’ recovery? This is the principal question for determination. Proctor for libelants insists that the measure should be the difference between the invoice price libelants were to receive for the steel from Robertson-Manning Company and the amount paid therefor, in its damaged condition, by Honeyman. It is reasoned that the ship is liable in that measure because it is responsible for the damaged condition of the steel,-and it was that condition that prompted Robertson-Manning-…
2Cases cited10 opinions
- Howard v. Stillwell & Bierce Manufacturing Co.Supreme Court of the United States · 1891
- The CaledoniaSupreme Court of the United States · 1895
- Western Union Telegraph Co. v. HallSupreme Court of the United States · 1888
- The CaledoniaU.S. Circuit Court for the District of Massachusetts · 1890
- Hockersmith v. HanleyOregon Supreme Court · 1896
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3Cited by4 opinions
- Steamship Wellesley Co. v. C. A. Hooper & Co.Court of Appeals for the Ninth Circuit · 1911
- United S. S. Co. v. HaskinsCourt of Appeals for the Ninth Circuit · 1910
- Selig v. BrindleCourt of Appeals for the Ninth Circuit · 1923
- The BencleuchDistrict Court, E.D. New York · 1924