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· 7/23/1912

The Listie

Citations

  • 197 F. 1022
  • 1912 U.S. Dist. LEXIS 1524

Syllabus

<p>Shipping (§ 121*) — Loss or Cargo — Unsea worthiness — Improper Loading.</p> <p>The overturning of the after section of a jointed coal barge loaded with coal, on encountering the ordinary swells from other vessels while being towed in the' harbor of Philadelphia in fair weather and -smooth water, raises a presumption that it was unseaworthy for the carriage undertaken when it started, and the loss of the cargo must be attributed to that cause, where it was -shown in addition that it was overloaded, and the load was not properly trimmed, and that the forward section, not so heavily loaded, carried its cargo in safety.</p> <p>[Ed. Note. — For other cases, s.ee Shipping, Cent. Dig. §§ 449-451; Dec. Dig. § 121.*</p> <p>Liability of vessel owners for loss or injury from improper storage, see note to The Gualala, 102 C. C. A. 553.]</p>

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • ordering disclosure of documents after finding that the agency “has not properly asserted the predecisional deliberative process privilege”
  • ordering disclosure of documents after finding that the agency “has not properly asserted the predecisional deliberative process privilege”
  • bare assertion of privilege insufficient

Source: CourtListener parenthetical corpus (CC0).

Judges: McPherson

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