The Circassian
District Court, E.D. New York
In admiralty. The libel in this case was filed by James Adams to recover for stevedore services performed in taking in, storing, and in breaking out and landing cargo of the steamer Circassian. Exceptions were filed to it upon the ground that the services were not of a maritime character, and not within the jurisdiction of the court.
1Opinion of the Court
BENEDICT, District Judge.
I confess that I have never been able to see any sound distinction between the nature of the services performed in stowing and breaking out the cargo of a ship, and the services performed in its transportation. The stowage and the landing of the cargo form a necessary part of the contract of affreightment. Without the performance of this duty no freight can be earned. The safety of the ship and of the cargo depends in a great measure upon the care and skill displayed in the performance of this duty, and for its non-performance in a proper manner the ship is liable in…
2Cited by16 opinions
- Atlantic Transport Co. of W. Va. v. ImbrovekSupreme Court of the United States · 1914
- Veasey v. PetersSupreme Court of Louisiana · 1917
- Carmona v. The Esteban de AntunanoU.S. Circuit Court for the District of Eastern Louisiana · 1887
- Williams v. The SiriusDistrict Court, N.D. California · 1895
- Vanhoesen v. The SegurancaDistrict Court, S.D. New York · 1893
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