The John H. Starin

Citations

• 191 F. 800
• 112 C.C.A. 286
• 1911 U.S. App. LEXIS 4988

Syllabus

<p>Shipping (§ 209*) — Proceedings for Limitation of Liability — Issues and Proof.</p> <p>In a proceeding for limitation of liability for claims for cargo lost, cargo owners are not required to allege any specific negligence of petitioner in tbeir answers, but make a prima facie case by proof of the shipment and nondelivery of their goods; and in case petitioner undertakes to excuse such nondelivery on the ground of perils of the sea, they are entitled to cross-examine as to the seaworthiness of the vessel, and also to offer proof on the subject.</p> <p>[Ed. Note. — For other cases, see Shipping, Cent. Dig. § 652; Dec. Dig. §'209.*</p> <p>Limitation of liability of shipowners, see note to The Longfellow, 45 C. C. A. 387.]</p> <p>Ward, Circuit Judge, dissenting in part.</p>