American Maritime Cases, Volumen1American Maritime Cases, Incorporated, 1923 |
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Página 21
... ship has no exception in the bill of lading on which she may rely , she is liable , if the goods were deliv- ered in good order , The Folmina , 212 U. S. 354 . The skins could not have been damaged by sea water between New York and ...
... ship has no exception in the bill of lading on which she may rely , she is liable , if the goods were deliv- ered in good order , The Folmina , 212 U. S. 354 . The skins could not have been damaged by sea water between New York and ...
Página 22
... ship , which probably could not prove the condition upon delivery . While there is indeed language in the books which seems to impose upon the ship the duty of disproving good condition on delivery merely because the external appearance ...
... ship , which probably could not prove the condition upon delivery . While there is indeed language in the books which seems to impose upon the ship the duty of disproving good condition on delivery merely because the external appearance ...
Página 23
... ship . I do not rely of course upon the mate's testimony that no water entered the hold , but I do rely upon the stowage of the skins as he describes it , testimony which he would hardly have fabricated . They were piled in the centre ...
... ship . I do not rely of course upon the mate's testimony that no water entered the hold , but I do rely upon the stowage of the skins as he describes it , testimony which he would hardly have fabricated . They were piled in the centre ...
Página 24
... ship , and there is no evidence about it . I need only find that they have failed to carry the burden of showing that the goods were damaged while in the ship's custody . In fact it appears to me that the ship has shown the contrary ...
... ship , and there is no evidence about it . I need only find that they have failed to carry the burden of showing that the goods were damaged while in the ship's custody . In fact it appears to me that the ship has shown the contrary ...
Página 39
... ship- ping board tariff in force at the time of making the arrangement was $ 25 per ton for cube sugar in bags , ship's option weight or measurement . Libellant contends that since sugar is concededly a generic term " bags of sugar ...
... ship- ping board tariff in force at the time of making the arrangement was $ 25 per ton for cube sugar in bags , ship's option weight or measurement . Libellant contends that since sugar is concededly a generic term " bags of sugar ...
Otras ediciones - Ver todas
Términos y frases comunes
Act of March Admiralty Act affreightment agent agreement alleged Amendment American amount Appellee AUGUSTUS N barge bill of lading cargo carrier cause of action charge charter party Circuit Court claim claimant clause coal collision Congress contract Counsel Court of Appeals crew damage deck decree defendant demurrage discharge dismissed District Court Eastern District Emergency Fleet Corporation entitled exceptions fact filed freight furnished Government held Isonomia jurisdiction LEARNED HAND liability libel libel in rem libellant's liquor loading loss Luckenbach Luckenbach S. S. Co Marine maritime law maritime lien master navigation negligence opinion owner paid payment personam petitioner plaintiff port proceeding question reason repairs respondent rule salvage schooner seaman seaworthiness Section ship's shipper Shipping Board Southern District Stat statute steamer steamship stevedores Suits in Admiralty supra Supreme Court tion transportation U. S. Attorney United States District unseaworthy voyage York
Pasajes populares
Página 64 - The carrier shall be bound before and at the beginning of the voyage to exercise due diligence to — (a) Make the ship seaworthy. (b) Properly man, equip and supply the ship. (c) Make the holds, refrigerating and cool chambers, and all other parts of the ship in which goods are carried, fit and safe for their reception, carriage and preservation.
Página 231 - Of all civil causes of admiralty and maritime jurisdiction, saving to suitors in all cases the right of a common-law remedy where the common law is competent to give it, and to claimants the rights and remedies under the workmen's compensation law of any State.60 Fourth.
Página 355 - People, of what Nation, Condition or Quality soever, Barratry of the Master and Mariners, and of all other Perils, Losses and Misfortunes that have or shall come to the Hurt, Detriment, or Damage of the said Goods and Merchandises and Ship, &c., or any Part thereof...
Página 68 - Any other cause arising without the actual fault or privity of the carrier, or without the fault or neglect of the agents or servants of the carrier, but the burden of proof shall be on the person claiming the benefit of this exception to show that neither the actual fault or privity of the carrier nor the fault or neglect of the agents or servants of the carrier contributed to the loss or damage.
Página 65 - Unless notice of loss or damage and the general nature of such loss or damage be given in writing to the carrier or his agent at the port of discharge before or at the time of the removal of the goods into the custody of the person entitled to delivery...
Página 113 - The trial of all offenses committed upon the high seas, or elsewhere out of the jurisdiction of any particular state or district, shall be in the district where the offender is found, or into which he is first brought.
Página 64 - ... exercise due diligence to — (a) Make the ship seaworthy: (b) Properly man, equip, and supply the ship: (c) Make the holds, refrigerating and cool chambers, and all other parts of the ship in which goods are carried, fit and safe for their reception, carriage and preservation. 2. Subject to the provisions of Article IV., the carrier shall properly and carefully load, handle, stow, carry, keep, care for and discharge the goods carried.
Página 67 - ... properly manned, equipped and supplied and to make the holds, refrigerating and cool chambers and all other parts of the ship in which goods are carried, fit and safe for their reception, carriage and preservation in accordance with the provisions of paragraph 1 of Article S.
Página 65 - ... (c) the apparent order and condition of the goods: Provided that no carrier, master or agent of the carrier, shall be bound to state or show in the bill of lading any marks, number, quantity or weight which he has reasonable ground for suspecting not accurately to represent the goods actually received or which he has had no reasonable means of checking.
Página 66 - ... 7. After the goods are loaded the bill of lading to be issued by the carrier, master, or agent of the carrier, to the shipper shall, if the shipper so demands, be a " shipped " bill of lading, provided that if the shipper shall have previously taken up any document of title to such goods, he shall surrender the same as against the issue of the