The Presque Isle

Citations

• 140 F. 202
• 1905 U.S. Dist. LEXIS 82

Syllabus

<p>1. Shipping — Injury to Cargo from Unseaworthy Condition of VesselEstoppel of Charterer.</p> <p>Tlie principle that a charterer who accepts a vessel which is in a defective condition cannot complain of injury to the cargo caused by such defects is applicable only where the vessel was examined and accepted with knowledge of her condition; otherwise, he has a right to rely on the implied warranty of seaworthiness.</p> <p>2. Evidence — Paeol Evidence — Contract of Affreightment — Bill of Lading.</p> <p>A bill of lading, while prima facie evidence of the receipt of the merchandise and of its condition when received, as a contract of affreightment, stands in the same position as other written agreements, and cannot be varied or altered by prior conversations.</p> <p>[Ed. Note. — For cases in point, see vol. 20, Cent. Dig. Evidence, § 1827.]</p> <p>3. Shipping — Injury of Cargo — Burden of Proof.</p> <p>A vessel owner who receives goods in good condition, as evidenced by the ' bill of lading, and delivers them damaged, has the burden of proof to establish that the damage arose from an excepted risk.</p> <p>[Ed Note. — For cases in point, see vol. 44, Cent. Dig. Shipping, § 481.]</p> <p>4. Same — Liability oe Vessel.</p> <p>Libelant, a lake carrier, which contracted for the carriage of merchandise from New York to Chicago, and afterwards chartered the respondent canal boat to carry the cargo from New York to Buffalo, to be there transshipped, made such contract in the capacity of shipper, and as such may maintain a suit in rem against the canal boat to recover for damage to the cargo during the shipment.</p>