United States Courts of Appeals Reports; Cases Adjudged in the United States Circuit Court of Appeals Volume 62
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1899 edition. Excerpt: ... master or crew, by enemies, pirates, robbers or thieves, by arrest and restraint of princes, rulers or people, by explosion, bursting of boilers, breakage of shafts, or any latent defect in hull, machinery or appurtenances, by collision, stranding or other accidents of navigation, of whatsoever kind, even when occasioned by negligence, default or error in judgment of the pilot, master, marines or other servants of the shipowner; nor for any loss or damage caused by heat, de Statement of the Case. cay, putrefaction, vermin, rust, sweat, change of character, shrinkage leakage, breakage; nor for any loss or damage arising from the nature of the goods or the insufficiency of the packages; nor for any country damages; nor for the obliteration, errors, insufliciency or absence of marks or numbers, address or description; nor for the risk of craft, hulk or transshipment; nor for any loss or damage caused by the prolongation of the voyage; nor for any loss or damage occasioned by causes beyond his control." This court, having reached the conclusion that, under the particular circumstances of the case, the steamship was not negligent in taking the detonators on board or in causing the explosion, certified to the Supreme Court the following question: "Whether the damage to 1ibellant's sugar caused by the sea-water which entered the ship through the hole made in her side by the explosion, without her fault, is a 'loss or damage occasioned by the perils of the sea or other waters, ' or by an 'accident of navigation of whatsoever kind, ' within the above-mentioned exceptions in the bill of lading." The Supreme Court answered the question certified in the negative. Thereafter the owner of the steamship...
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- 13 Sep 2013
- United States
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