Calderon v. Atlas Steamship Co.

Citations

• 170 U.S. 272
• 18 S. Ct. 588
• 42 L. Ed. 1033
• 1898 U.S. LEXIS 1544

Syllabus

<p>The appellant shipped, by a vessel belonging to the appellee, goods under a bill of lading which contained the following stipulation: “In accepting this bill of lading, the shipper, owner and consignee of the' goods and the holder of the bill of lading agree to be bound by all of its stipulations, exceptions and conditions as printed on the back hereof, whether written or printed, as fully as if they were all signed by such shipper, owner, consignee or holder.” Of these stipulations and conditions, this court regards only the following as material: “1. It is also mutually agreed that the carrier shall not be liable for gold, silver, bullion, specie, documents, jewellery, pictures, embroideries, works of art, silks-,, furs, china, porcelain, watches, clocks or for goods of any description which are above the value of $100.per package, unless bills of lading are signed therefor, with the value therein expressed, and a special agreement is made.” “ 9. Also, in case any part of the goods cannot be found for delivery during the steamer’s stay at the port of destination, they are to be forwarded by first opportunity, when found, at the company’s expense, the steamer not to be held liable for any claim for delay or otherwise.” “ 14. This agreement is made with reference to, and subject to the provisions of the U. S. carriers’ act, approved February 13, 1893.” . The goods were not delivered at the port to which they were consigned, and were subsequently lost at sea on another vessel belonging to the appellee, on which they had been placed without the appellant’s knowledge. In a suit in admiralty to recover their value, Held,</p> <p>(1) That as the negligence of the company was clearly proven, there can be no doubt of its liability under the act of February 13, 1893, c. 105, known as the “ Harter Act;”</p> <p>(2) That the clause limiting the amount of the carriers’ liability is to be construed as a statement that tile carrier shall not be liable to any amount for goods ex