The Prussia

Citations

• 88 F. 531
• 1898 U.S. Dist. LEXIS 128

Syllabus

<p>Carriage by Sea — Preservation op Refrigerated Meat — Burn of Lading.</p> <p>The storage and preservation oí dressed meat in a refrigerator during the transportation thereof by a vessel is no part of the usual duty of a common carrier, and his obligation concerning the same may be a matter of contract; but, in the absence of contract, tbe law implies that a person contracting to furnish cold storage has used reasonable care and skill to provide suitable refrigerating machinery and plant, and that he will observe like care and skill to properly maintain and operate the same during the voyage. A person so furnishing cold storage may stipulate his precise duty and obligation, even to the extent of entirely relieving himself of liability, but law will not interpret a contract, so as to exempt such person from the • exercise of due and reasonable care, unless such exemption is plainly and unequivocally stipulated. A provision in a bill of lading that the risk of due refrigeration shall be borne by the shipper, even though damage be caused by the neglect of the carrier’s servants, does not excuse the carrier from the exercise of reasonable care to provide a proper plant for that purpose. Although a stipulation for exemption from liability he in part in contravention of law, and hence void, yet such portion as is otherwise valid may be preserved and enforced.</p> <p>(Syllabus by tbe Court)</p>