Nelson v. Nordlinger
Court of Appeals for the Second Circuit
Appeal from tke District Court of the United States for the Southern District of New York. This was a libel by Jacob D. Nordlinger and others against Nelson, Donkin, and others, otvners of the ship Timor, to recover damage for injuries caused by rats to a cargo of beans.
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Appeal from tke District Court of the United States for the Southern District of New York. This was a libel by Jacob D. Nordlinger and others against Nelson, Donkin, and others, otvners of the ship Timor, to recover damage for injuries caused by rats to a cargo of beans. The district court entered a decree for libelants. 16 Fed. 859. The cause was then referred to a commissioner to assess damages, and was afterwards heard upon exceptions to the commissioner’s report. 61 Fed. 633. Defendants appealed.
1Opinion of the Court
SHIPMAN, Circuit Judge.
The libelants shipped on board the British ship Timor, an iron steamship, 325 feet in length, at Fiume, Austria, 3,700 sacks of beans, for safe transportation to New York, damage from vetmin excepted. On arrival of the vessel in New York this part of the cargo was found to have been badly damaged by rats during the voyage. It is not doubted that an injury thus created is within the excepted clause. The owners of the cargo thereupon filed their libel against the owners of the ship to recover for the damage, upon the ground that it was caused by the negligence of the…
2Cases cited2 opinions
- Clark v. BarnwellSupreme Court of the United States · 1852
- Transportation Company v. DownerSupreme Court of the United States · 1871
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- The Henry B. HydeCourt of Appeals for the Ninth Circuit · 1898