The Rosalia
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. Dibel by the American Tobacco Company against the steamship Rosalia, her engines, etc.] claimed by the Societa Anónima Di Navi-gazione, Adriatica, in which the Societa Anónima Transporti Mestre was impleaded. From a decree for the libelant, the claimant appeals.
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Appeal from the District Court of the United States for the Southern District of New York. Dibel by the American Tobacco Company against the steamship Rosalia, her engines, etc.] claimed by the Societa Anónima Di Navi-gazione, Adriatica, in which the Societa Anónima Transporti Mestre was impleaded. From a decree for the libelant, the claimant appeals. Action is by the consignee of a large quantity of leaf tobacco shipped at Patras, Greece, and brought by the Rosalia to New York under bills of hiding which recited receipt in good condition and contained the usual exception against perils of…
1Opinion of the CourtHough, Circuit Judge
(after stating the facts as above). [1] The decisions of this court already contain two accepted definitions of the phrase “peril of the sea.” The Warren Adams, 74 Fed. 415, 20 C. C. A. 486; The Giulia, 218 Fed. 746, 134 C. C. A. 422. They need not be repeated, further than to insist that the peril which forms a good exception in a bill of lading means something so catastrophic as to triumph over those safeguards by which skillful and vigilant s.eamen usually bring ship and cargo to port in safety.
[2] It is true that the strain of long-continued storm may injure some one piece of apparatus,…
2Cases cited24 opinions
- The ConquerorSupreme Court of the United States · 1897
- Montana Railway Co. v. WarrenSupreme Court of the United States · 1890
- The Edwin I. MorrisonSupreme Court of the United States · 1894
- The FolminaSupreme Court of the United States · 1909
- Clark v. . BairdNew York Court of Appeals · 1853
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3Cited by95 opinions
- Ore Steamship Corporation v. D/SA/S HasselCourt of Appeals for the Second Circuit · 1943
- The Turret CrownCourt of Appeals for the Second Circuit · 1924
- J. Gerber & Co. v. S.S. Sabine HowaldtCourt of Appeals for the Second Circuit · 1971
- The ClevecoCourt of Appeals for the Sixth Circuit · 1946
- Sabine Towing Co. v. BrennanCourt of Appeals for the Fifth Circuit · 1934
90 more not listed; retrieve them via the Exa API.