Bradley v. Lehigh Valley R.

Citations

• 153 F. 350
• 82 C.C.A. 426
• 1907 U.S. App. LEXIS 4412

Syllabus

<p>1. Shipping — Liability foe Loss of Cargo — Exemption under Harter Act.</p> <p>A carrier by water can only avail himself of the exemptions from liability for errors of management and navigation provided by Harter Act Eeb. 13, 1893, c. 105, § 3, 27 Stat. 445 [U. S. Comp. St 1901, p. 2946], by affirmative proof that the vessel was seaworthy at the beginning of the voyage, or that due diligence had been used to make her so, and such affirmative proof cannot be supplied by inferences or presumptions.</p> <p>[Ed. Noje. — For cases in point, see Cent. Dig. vol. 44, Shixiping, § 492.</p> <p>Statutory exemption of shipowners from liability, see note to Nord-Deutscher Lloyd v. President, etc., of Insurance Co. of North America, 49 C. C. A. 11.]</p> <p>2. Same.</p> <p>Under a contract of affreightment to carry wheat to the port of New York and there deliver it on board a vessel for export, where the wheat on reaching that port was loaded into a canal boat for transport and delivery to the designated vessel by the carrier’s tug, the carrier is liable for its loss through the sinking of the canal boat, whether resulting from unseaworthiness or from the negligence of the towing tug or of the master of the boat; its seaworthiness not being affirmatively shown.</p> <p>3. Carriers — Liability por Loss op Goods — Stipulation pop Insurance.</p> <p>A bill of lading provided that, in case .of loss or damage to the goods, the carrier should have the benefit of any insurance for or on account of the owner, and should be subrogated to its rights before any demand on account of such loss or damage should be made. The shippers obtained a policy of insurance on the goods, conditioned that it should not inure directly or indirectly to the benefit of any carrier or bailee by sti]iulation in bill of lading or otherwise, and that it should be null and void to the extent of any amount recovered from any carrier or bailee. The goods having been lost by the carrier, the insurer advanced to the s