Legal Opinion
Lazarus v. Barber
Court of Appeals for the Second Circuit
Decided March 8, 1905No. 119PublishedCited by 7 opinions
Appeal from the District Court of the United States for the Southern District of New York. This is an appeal from a final decree of the United States District Court for the Southern District of New York, in favor of libelant for cargo damage.
1Opinion of the Court
TOWNSEND, Circuit Judge.
The libelant is the assignee of bills of lading covering some 280 bales of goatskins, delivered to respondents’ agents at Constantinople for shipment on the steamship Brand, chartered by respondents under a bill of lading which provided, inter alia, that the carrier—
“Shall not be liable for * * * * any loss or damage arising from the nature of the goods, * * * * nor for any loss or damage caused by * * * * decay, putrefaction, * * * * sweat, * * * * nor for any country damage.!’
The skins on arrival were found to be in a badly damaged condition. The libel alleged as the…
2Cases cited5 opinions
- Clark v. BarnwellSupreme Court of the United States · 1852
- Cau v. Texas & Pacific Railway Co.Supreme Court of the United States · 1904
- Knott v. Botany MillsSupreme Court of the United States · 1900
- The FreyCourt of Appeals for the Second Circuit · 1901
- Botany Worsted Mills v. KnottCourt of Appeals for the Second Circuit · 1897
3Cited by7 opinions
- American Tobacco Co. v. the Katingo HadjipateraDistrict Court, S.D. New York · 1948
- Globe Solvents Co. v. the CaliforniaCourt of Appeals for the Third Circuit · 1948
- Hamburg-Amerikanische Packetfahrt Aktien Gesellschaft v. GyeCourt of Appeals for the Fifth Circuit · 1913
- The Presque IsleDistrict Court, W.D. New York · 1905
- The SchickshinnyDistrict Court, S.D. Georgia · 1942
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