The Rokeby
District Court, S.D. New York
In Admiralty. Suit by the Pocahontas Coal Company against the steamship Rokeby and the Munson Steamship Company, charterer. This is a libel in admiralty against tbe steamship Rokeby, brought by the Pocahontas Coal Company for the loss of part of a deck cargo of coke on the 7th of December, 1908, in the Gulf of Mexico, on a voyage from Newport News to Tampico, Mexico.
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In Admiralty. Suit by the Pocahontas Coal Company against the steamship Rokeby and the Munson Steamship Company, charterer. This is a libel in admiralty against tbe steamship Rokeby, brought by the Pocahontas Coal Company for the loss of part of a deck cargo of coke on the 7th of December, 1908, in the Gulf of Mexico, on a voyage from Newport News to Tampico, Mexico. The Munson Steamship Company was the charterer of the steamship Rokeby, and had accepted a cargo of coke from the libelant to occupy the whole of the vessel upon the voyage in question; the bill of lading especially providing…
1Opinion of the CourtHand, District Judge
(after stating the facts as above). [ 1 ] The libel seeks to charge both the charterer and the ship, on the theory that the cargo was improperly stowed. As this is a case where the whole ship was occupied by the shipper, she is not a common carrier (The Fri, 154 Fed. 333, 83 C. C. A. 205), and the proof of loss alone does not throw any burden upon her to show there was no negligence in the stowage, but the libelant must show the negligence affirmatively. To meet this the libelant asserts that the stanchions were made of improper wood, and that they should have been lashed before the steamer…
2Cases cited2 opinions
3Cited by6 opinions
- Standard Oil Co. of California v. United StatesDistrict Court, S.D. California · 1945
- United States v. One (1) Liberian Refrigerator VesselDistrict Court, M.D. Florida · 1977
- The William I. McIlroyDistrict Court, E.D. New York · 1930
- Federal Sugar Refining Co. v. McDonaldCourt of Appeals for the Ninth Circuit · 1919
- Sevier v. MitchellOregon Supreme Court · 1914
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