The Folmina
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Eastern District of New York. This cause comes here upon appeal from a decree of the District Court, Eastern District of New York, dismissing a libel, brought to recover for cargo damage against the Steamship Folmina. The opinion below is reported in (D. C.) 143 Fed. 636. The steamship sailed from Kobe, Japan, for New York with No. 8 lower hold filled with rice in bags.
Read the full summary
Appeal from the District Court of the United States for the Eastern District of New York. This cause comes here upon appeal from a decree of the District Court, Eastern District of New York, dismissing a libel, brought to recover for cargo damage against the Steamship Folmina. The opinion below is reported in (D. C.) 143 Fed. 636. The steamship sailed from Kobe, Japan, for New York with No. 8 lower hold filled with rice in bags. During discharge the rice on the starboard side was found damaged. The area of injury was downward from the first six tiers of bags to the bottom of the hold which…
1Per curiam
The opinions of the three members of the court upon the questions presented in this case are so discordant that no good purpose will be served by any detailed statements of the reasons by which they reach their several conclusions. It will be sufficient to indicate what those conclusions are.
Evidently the conclusion of the district judge was arrived at by first determining upon whom the burden of proof rested; and it would seem that in determining that preliminary question he assumed that the bill of lading stipulated against damage by “sweat” and damage by "sea water.” The stipulations,…
2Cases cited2 opinions
- The G. R. BoothSupreme Court of the United States · 1898
- The PatriaCourt of Appeals for the Second Circuit · 1904
3Cited by4 opinions
- The Konigin LuiseCourt of Appeals for the Second Circuit · 1911
- The Good HopeCourt of Appeals for the Second Circuit · 1912
- The AmsterdamDistrict Court, S.D. New York · 1907
- The OceanaDistrict Court, E.D. New York · 1909