Duplan Silk Co. v. Lehigh Valley R.
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York, This cause comes here upon appeal from a decree of the District Court, Southern District of New York dismissing the libel. The suit was brought to recover damages to 21 cases of raw silk, total weight of silk 3,319 pounds, shipped on a car of defendant’s railroad, which was knocked overboard in a collision due to causes for which defendant was liable.
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Appeal from the District Court of the United States for the Southern District of New York, This cause comes here upon appeal from a decree of the District Court, Southern District of New York dismissing the libel. The suit was brought to recover damages to 21 cases of raw silk, total weight of silk 3,319 pounds, shipped on a car of defendant’s railroad, which was knocked overboard in a collision due to causes for which defendant was liable. The sound market value of the goods was $6,273.20; after disaster they were sold for $2,831.39. The respondent has paid and libelant accepted $3,319 (and…
1Opinion of the Court
LACOMBE, Circuit Judge.
Examination of the claim shows that it is based on the theory that the rule to be applied in calculating loss is the same as would be applied when computing a particular average loss under a policy of marine insurance. But this is not an insurance case; it is a case of carriage under a bill of lading. The question presented is: What is the meaning of two clauses in the bill of lading, both lawfully included in the bill. The first clause is printed in the body of the bill; it reads as follows:
“The amount of any loss or damage for which any carrier is liable shall be…
2Cases cited6 opinions
- Hart v. Pennsylvania RailroadSupreme Court of the United States · 1884
- Bradley v. Lehigh Valley R.Court of Appeals for the Second Circuit · 1907
- Hohl v. LloydCourt of Appeals for the Second Circuit · 1910
- The StyriaCourt of Appeals for the Second Circuit · 1900
- George N. Pierce Co. v. Wells Fargo & Co.Court of Appeals for the Second Circuit · 1911
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- The Ansaldo San Giorgio I v. Rheinstrom Brothers Co.Supreme Court of the United States · 1935
- Smith v. the FerncliffSupreme Court of the United States · 1939
- The Ansaldo San Giorgio ICourt of Appeals for the Second Circuit · 1934
- The AsuarcaDistrict Court, S.D. New York · 1924
- Chenango Textile Corp. v. WillockAppellate Division of the Supreme Court of the State of New York · 1936
5 more not listed; retrieve them via the Exa API.