The Jeannie

Citations

• 225 F. 178
• 1915 U.S. Dist. LEXIS 1236

Syllabus

<p>1. Shipping <@=>132—Damage to Cargo—Presumption op Negligence.</p> <p>Where goods were received by a ship in good condition and delivered in a damaged condition, and seaworthiness is shown, there is a presumption- that the damage was due to negligence of the master and crew in caring for them.</p> <p>[Ed. Note.—For other cases, see Shipping, Cent. Dig. §§ 471-487; Dec. Dig. <@=>132.]</p> <p>2. Shipping <@=>121—Carriage of Goods—Implied Warranty op Seaworthiness.</p> <p>The implied warranty of seaworthiness of a ship at the commencement of a voyage, which accompanies every contract of affreightment, extends not only to hull and equipment, but also to proper stowage and the fitness of the ship, with reference to the season and waters to be' navigated, to carry the cargo undertaken to be transported in safety and without injury.</p> <p>[Ed. Note.—For other cases, see Shipping, Cent. Dig. §§ 225, 449-451, 466; Dec. Dig. <@=>121.]</p> <p><§zs>For other cases see same topic & KEY-NUMBER in all Key-Numbered Digests & Indexes</p> <p>3. Siiipi'ing <8=3140—Contract of Affreightment—Bills of Lading.</p> <p>Where a ship before sailing engaged orally to bring a cargo on her return voyage, she could not limit her liability by bills of lading- delivered after loading to employes of the shipper having no authority to represent it.</p> <p>[lid. Note.—For other cases, see Shipping, Cent. Dig. §§ 493-495; Dec. Dig. <3=3140.]</p> <p>4. Shipping <3=3187-—Liability for Injury to Cargo—-Harter, Act.</p> <p>The Harter Act (Act Feb. 13, 1893, c. 105, 27 Stat. 445 (Comp. St. 1913, § 8029 et seq.) does not exempt a ship from liability for damage to cargo due to unseaworthiness at the commencement of the voyage, or to fail'ure to exercise due diligence in loading, stowage, or care of the cargo.</p> <p>[Ed. Note.—For other cases, see Shipping, Cent. Dig. § 492; Dec. Dig. <3=3187.]</p> <p>5. Shipping <3=3120—Liability for Damage to Cargo—Negligence in Caring for Cargo.</p> <p>Itespondent vess