Legal Opinion

Bergh v. Ceballos

Court of Appeals for the Second Circuit

Decided April 19, 1894No. 101PublishedCited by 11 opinions

Appeal from tbe District Court of the United States for the Souihern District of Yew York. Tins was a libel by Juan M. GebaOos against the steamship Alert, of which Olaf Bergh and others were claimants, to recover for loss of cargo.

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Appeal from tbe District Court of the United States for the Souihern District of Yew York. Tins was a libel by Juan M. GebaOos against the steamship Alert, of which Olaf Bergh and others were claimants, to recover for loss of cargo. At the time of the loss the ship was in possession of the Yew York & Yucatan Steamship Company as charterer; and on the petition of the claimants, alleging that the charterer alone was liable for the loss, that company was made a defendant, and required to answer both the petition and libel. 40 Fed. 836.

1Opinion of the Court

SHIPMAN, Circuit Judge.

On September 5, 1889, Juan M. Ceballos filed a libel in the district court for the southern district of New York against the Norwegian steamship Aert, in which he alleged that on July 16,1889, he shipped on board said vessel in the port of New York, and bound to Progresso, in Mexico, a steam tugboat, to be carried to the latter port for an agreed freight, which was paid, and bills of lading therefor were received from the agent of the steamship; that, it was carried to Progresso, but, owing to the negligent manner in which it was handled, and the carelessness of the…

2Cases cited3 opinions

  1. Forgay v. ConradSupreme Court of the United States · 1848
  2. Schooner Freeman, &C. v. BuckinghamSupreme Court of the United States · 1856
  3. Thomson v. DeanSupreme Court of the United States · 1869

3Cited by11 opinions

  1. Instituto Cubano De Estabilizacion Del Azucar, Libelant-Appellant v. T/v Golden West Skibs A/s Golden WestCourt of Appeals for the Second Circuit · 1957
  2. Taylor Bros. Lumber Co. v. Sunset Lighterage Co.Court of Appeals for the Second Circuit · 1930
  3. The Capitaine FaureCourt of Appeals for the Second Circuit · 1926
  4. Golcar S. S. Co. v. Tweedie Trading Co.District Court, S.D. New York · 1906
  5. Field Line (Cardiff), Ltd. v. South Atlantic S. S. LineCourt of Appeals for the Fifth Circuit · 1912

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