Cafiero v. Welsh
U.S. Circuit Court for the District of Eastern Pennsylvania
Appeal from the district court of the United States for the eastern district of Pennsylvania. In admiralty. The libellant, the master of the Italian brig Matilda, signed a clean bill of lading for 4,030 cantars of brimstone, to be delivered at Philadelphia, The respondents, the consignees at Philadelphia, and the shipper’s agent, claimed to deduct from the freight the value at Philadelphia of 43,180 lbs., short weight according to the bill of lading, ascertained by the…
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Appeal from the district court of the United States for the eastern district of Pennsylvania. In admiralty. The libellant, the master of the Italian brig Matilda, signed a clean bill of lading for 4,030 cantars of brimstone, to be delivered at Philadelphia, The respondents, the consignees at Philadelphia, and the shipper’s agent, claimed to deduct from the freight the value at Philadelphia of 43,180 lbs., short weight according to the bill of lading, ascertained by the custom house weight at Philadelphia, and accordingly deducted $007.22 in gold, from the freight payable by the bill of…
1Opinion of the Court
McKENNAN, Circuit Judge.
A common carrier is bound to deliver the specific goods entrusted to him at their appointed destination, in the condition in which they were received by him, subject only to such deterioration as is necessarily incident to their transportation. and to such perils as may be by legal implication or express agreement, excepted from his liability. His responsibility begins only when he assumes the custody of the goods to be transported. Hence, the master of a vessel is responsible for his cargo from the time of its delivery to him, and only for what is so delivered. Its…
2Cases cited3 opinions
- The T. A. GoddardDistrict Court, S.D. New York · 1882
- Merrick v. About Nineteen Thousand Five Hundred & Fourteen Bushels of WheatDistrict Court, N.D. New York · 1880
- Carao v. GuimaraesDistrict Court, E.D. Pennsylvania · 1881