Davidson S. S. Co. v. 119,254 Bushels of Flaxseed

Citations

• 117 F. 283
• 1902 U.S. Dist. LEXIS 73

Syllabus

<p>1. Shipping—Damage to Cargo—Sea Perils.</p> <p>Damage to a cargo of flaxseed on a voyage from Duluth to Buffalo, caused by water, held not to have been due to unseaworthiness of the vessel at the commencement of the voyage, but to dangers of the sea, against which the carrier was protected from liability by the conditions of the bills of lading; it being clearly shown that the vessel, which was new, had been recently overhauled, and was in every respect in the best condition and properly equipped, having the highest rating, and it being further shown that on the voyage she encountered unusually severe gales and heavy seas, which caused her seams to start, from the strain.</p> <p>2. Same—Lien for Freight—Delivery of Cargo in Warehouse.</p> <p>A vessel, by delivering her cargo of flaxseed in a warehouse at the end of the voyage, and taking a receipt therefor, which was retained until a libel was filed, did not thereby lose her lien on the cargo for freight</p>