The Ingrid

Citations

• 195 F. 596
• 1912 U.S. Dist. LEXIS 1658

Syllabus

<p>1. Explosives (§ 7*)—Injuries prom Accidental Explosions—Diabilitv op Oarriers.</p> <p>In modern times when vast quantities of substances liable to explode, such as dynamite, gunpowder, and petroleum products, are used and required to be transported, a carrier of such explosives cannot be held an insurer against injuries which may result to others from their accidental explosion while in course of transit, but is liable only on the ground of negligence.</p> <p>[Ed. Note.—For other cases, see Explosives, Gent. Dig. § S;- Dee. Dig, § 7.*]</p> <p>2. Explosives (§ 7*)—Injuries from Accidental Explosion- -Liability.</p> <p>The question whether or not a railroad company is responsible for damage caused by an explosion of dynamite delivered into its possession as a carrier, and which was in a car standing on a pier, depends in the first place on whether the locality where it was kept and all the existing circumstances made it a nuisance per se, and, if not, whether there was negligence in leaving it or in the manner of handling and keeping it on the pier.</p> <p>[Ed. Note.—For other cases, see Explosives, Cent. Dig. § 3; Dec. Dig. I 7.*]</p> <p>3. Explosives (§ 7*)—Injuries from Accidental Explosion—Liability.</p> <p>Respondent railroad company transported a car containing dynamite to Jersey City, where it was run out to the end of one of the company’s piers for the purpose of having the dynamite transferred to a steamer expected to sail the next day. The sailing was delayed from day to day, and, as customary, the dynamite was left to be loaded last. On the sixth day after its arrival while it was being transferred to a lighter employed by the shipper, an explosion occurred which caused loss of life and large damage to property, including the wrecking of libelant’s ship, which lay on the other side of the pier. The bill of lading provided that property not removed within 48 hours might be held by the company in storage or stored in a public warehouse at the owner’s expe