The Dondo
District Court, S.D. New York
In Admiralty. Libel by Edwin L. Meyers and others, copartners trading under the firm name and style of Louis Meyers & Son, against the steamship Dondo. This is a libel in personam by a consignee of lambskins from Spain, against the ship, a common carrier. The consignment consisted of 49 bales, each containing about 144 skins, wrapped in burlap. The goods were originally shipped from Barcelona and laden on the steamer at Lisbon from lighters.
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In Admiralty. Libel by Edwin L. Meyers and others, copartners trading under the firm name and style of Louis Meyers & Son, against the steamship Dondo. This is a libel in personam by a consignee of lambskins from Spain, against the ship, a common carrier. The consignment consisted of 49 bales, each containing about 144 skins, wrapped in burlap. The goods were originally shipped from Barcelona and laden on the steamer at Lisbon from lighters. There is no evidence of how they were carried to the port of Lisbon or how long they lay in lighters. The steamer reached New York on December 19 or 22,…
1Opinion of the CourtEearned Hand, District Judge
(after stating the facts as above). [1] I think it proved that the damage was caused by sea water. The only alternative is bad dressing, and this could not account for the fact that in each bale examined there were damaged skins which all lay side by side on one side of the bale. Had the damaged skins been badly dressed, they would have been interspersed generally among the rest. As the 'ship has no exception in the bill of lading on which she may rely, she is liable -if the goods were delivered in good order. The Folmina, 212 U. S. 354, 29 Sup. Ct. 363, 53 L. Ed. 545, 15 Ann. Cas. 748.
The…
2Cases cited7 opinions
- Clark v. BarnwellSupreme Court of the United States · 1852
- The FolminaSupreme Court of the United States · 1909
- Nelson v. WoodruffSupreme Court of the United States · 1862
- Bradstreet v. HeranU.S. Circuit Court for the District of Southern New York · 1849
- The SolveigDistrict Court, N.D. California · 1914
2 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- McFall v. Compagnie Maritime Belge (Lloyd Royal) S. A.New York Court of Appeals · 1952
- The Niel MaerskCourt of Appeals for the Second Circuit · 1937
- Reider v. ThompsonCourt of Appeals for the Fifth Circuit · 1952
- United States v. Central Gulf Steamship CorporationDistrict Court, E.D. Louisiana · 1972
- Schwalb v. Erie RailroadNew York City Court · 1937
12 more not listed; retrieve them via the Exa API.