Greenwood v. Cooper
Supreme Court of Louisiana
from the Fifth District Court of New Orleans, Augustin, J. cited, Bathbone v. Weal, 4 An. 566, 567. Plaintiffs’ counsel cites 4.An. 566-7, in reply to so much of the judgment of the District Court as decides against plaintiffs, because they sold the damaged goods at public auction, without notifying the captain of the ship or her agents, that plaintiffs intended so to do. But Bathbone v. Weal, does not apply to damaged goods, hut to delay in delivery of goods.
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from the Fifth District Court of New Orleans, Augustin, J. cited, Bathbone v. Weal, 4 An. 566, 567. Plaintiffs’ counsel cites 4.An. 566-7, in reply to so much of the judgment of the District Court as decides against plaintiffs, because they sold the damaged goods at public auction, without notifying the captain of the ship or her agents, that plaintiffs intended so to do. But Bathbone v. Weal, does not apply to damaged goods, hut to delay in delivery of goods. The brief errs in stating that a sale was recommended by the Port Wardens, and that Captain Swain was a.Port Warden.
1Opinion of the CourtLea, J.
The plaintiffs in this case claim the sum of $4,141 for damages on goods consigned them by the ship St. Peter, and delivered in bad order.
The defendants aver that the merchandise received by them, was delivered “ in the same order and condition in which it was received,” and deny that the goods have sustained any loss or damage in consequence of their neglect.
It is somewhat questionable, whether under such a defence as this, evidence could be offered to prove a cause of damage, occurring after the receipt of the merchandise by the carrier; for the defence is, that it was delivered “ in the…
2Cited by4 opinions
- American Sugar Refining Co. v. Illinois Cent. R.District Court, E.D. Louisiana · 1952
- The Edwin v. Naumkeag Steam Cotton Co.U.S. Circuit Court for the District of Massachusetts · 1859
- Planters' Cotton Oil Co. v. Texas & P. Ry. Co.Supreme Court of Louisiana · 1916
- United Pants Mfg. Co. v. American Ry. Express Co.Louisiana Court of Appeal · 1925