Argo S.S. Co. v. Seago
| Decision Date | 08 May 1900 |
| Docket Number | 863. |
| Parties | ARGO STEAMSHIP CO. v. SEAGO et al. |
| Court | U.S. Court of Appeals — Fifth Circuit |
Saml. L. Gilmore and H. C. Cage, for appellant.
Jas McConnell, for appellees.
Before PARDEE, McCORMICK, and SHELBY, Circuit Judges.
On the 6th of January, 1897, the steamship Europa arrived in the port of New Orleans on a voyage from Antwerp. A portion of her cargo consisted of 2,000 bags of Dutch granulated sugar for which she had issued a bill of lading in the usual form certifying that they were in apparent good order and condition when received on board of said steamship, and contracting to deliver the same at the port of New Orleans 'in like good order and condition. ' A. K. Seago & Co., the appellees herein, were the consignees and owners of the sugar, and upon its discharge from the ship upon the levee they found the same so badly damaged that they refused to receive it, and it was thereupon stored in the government warehouses, and the steamship was libeled to respond for the damages sustained in the premises, amounting to the sum of $1,542.37. In the answer the defendant admits that the ship received the sugar in good order as alleged in the libel and shown in the bill of lading. The answer then recites, to wit (1) That the ship encountered bad weather; (2) that a fire occurred on board; (3) that the ship discharged the cargo into a warehouse, and reloaded the same. The answer does not aver that the sugar in question was damaged by or from any of these causes, nor that it was damaged at all from any cause. The averment of the answer in this connection is that 'the damage, if any, is much less than is alleged in the libel'; and in speaking of what portions of the cargo were damaged by fire and water and what were not it is distinctly stated that the sugars, the subject of this litigation, were included in the sound portion when discharged to warehouse in Plymouth. After such averments of noninjury by the fire and water, the answer alleges: 'Respondents do not know the amount of damage, if any, sustained by said sugar, but they are informed and believe and allege that, if any,-- which is not admitted,-- the same is much less than is alleged in the libel; and respondents further allege that, if any damage was occasioned to the said sugar, same did not happen by or through any unseaworthiness of said steamer, her tackle, apparel, or furniture, nor by or through any negligence, delay, default, or misconduct of the officers or crew of the said vessel, nor any of them, nor of any person or persons on board or belonging to the said steamer, for that they, all and every of them, did and used their utmost endeavors for the preservation of said ship and her cargo, and to prosecute the intended voyage without loss, damage, or delay; and respondents especially plead the...
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SAMINCORP SOUTH AMERICAN MIN. & MER. CORP. v. SS CORNWALL
...but in apparent good condition. Insurance Co. of North America v. Fredk, Leyland & Co., 191 F. 161 (3 Cir. 1911); Argo Steamship Co. v. Seago, 101 F. 999 (5 Cir. 1900); Aetna Ins. Co. v. The Satrustegui, 171 F.Supp. 33, modified 174 F. Supp. 934 (D.C.P.R.1959) (dicta); Thomas Roberts & Co. ......
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The Dondo
...case that on the exterior there were no signs of damage. Nelson v. Woodruff, 1 Black, 156, 160, 162, 169, 17 L.Ed. 97; Argo S.S. co. v. Seago, 101 F. 999, 42 C.C.A. 128; The Aki Maru, 255 F. 721, 167 C.C.A. These cases, indeed, go so far as to say that in such cases the burden of proof shif......
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The Aki Maru
... ... for which he is not responsible. ' Argo Steamship Co ... v. Seago et al., 101 F. 999, 42 C.C.A. 128; The Medea, ... 179 F. 781, 103 ... ...
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The La Kroma
... ... damage to the merchandise in transit. Argo Steamship Co ... v. Seago et al., 101 F. 999, 42 C.C.A. 128; ... Fertilizer Co. v. Elder et al., ... ...