Kelley v. Cunard S. S. Co.

Citations

• 120 F. 536
• 1903 U.S. App. LEXIS 5290

Syllabus

<p>1. Shipping — Action foe Failure to Deliver Cargo — Evidence of Keceiptof Goods.</p> <p>Upon the issue whether goods claimed to have been shipped in a foreign port, but which were not delivered by the carrier, were in fact received on board, the acts of the ship’s officers, whose customary duty it is to-Check off merchandise received aboard, is received as evidence of great importance.</p> <p>2. Same.</p> <p>Evidence examined, in an action at law by a shipper against a steamship company to recover for failure to deliver cargo, and held such as to-justify the submission to the jury of the question whether the merchandise in controversy was actually received on board defendant’s ship. Smith v. Navigation Co. [1896] App. Cas. 70, applied.</p>