Compania De Navigacion La Flecha v. Brauer

Citations

• 168 U.S. 104
• 18 S. Ct. 12
• 42 L. Ed. 398
• 1897 U.S. LEXIS 1710

Syllabus

<p>A contract, made at New York to carry cattle on deck of a steamboat from New York to Liverpool, contained these provisions: “On deck at owner’s risk, steamer not to be held accountable for accident to, or mortality of, the animals, from whatever cause arising.” “ The carrier shall not be liable for loss or damage occasioned by causes beyond his control, by the perils of the sea, or other waters; ” “by barratry of the master or crew; ” “ by collisions, stranding or other accidents of navigation, of whatsoever kind, even when occasioned by the negligence, default, or error in judgment of the pilot, master, mariners or other servants of the shipowner.” Held, that by the terms of this contract, whether governed by the law of this country or by the law of England, the carrier was not exempted from responsibility for the loss of sound cattle, forcibly thrown or driven overboard, in rough weather, by order of the master, from unfounded apprehension on his part, in the absence of any pressing peril to the ship, and with no apparent or reasonable necessity for a jettison of the sound cattle, and no attempt to separate them from those which had already been injured by perils of the sea.</p>