The Caledonia
Citation | 39 L.Ed. 644,15 S.Ct. 537,157 U.S. 124 |
Decision Date | 11 March 1895 |
Docket Number | No. 107,107 |
Parties | THE CALEDONIA |
Court | United States Supreme Court |
This was a libel in admiralty by a shipper of cattle against the steamship Caledonia to recover damages caused by the breaking of her shaft. The district court decreed in favor of libelant (50 Fed. 567), and claimants appealed. The circuit court found the following facts and conclusions of law:
'This was a libel in admiralty, in a cause of contract, civil and maritime, by a shipper of cattle against the steamship Caledonia, to recover damages caused by the breaking of her shaft.
'The Caledonia was one of the Anchor Line of transatlantic steamships, woned and employed by the claimants, Henderson Brothers, as common carriers. The plaintiff was a dealer in and exporter of cattle.
'The terms of the contract between the parties were as expressed in the following memorandum of agreement, made before the shipment of the cattle, and in the following bill of lading, signed at the time of shipment, and afterwards accepted by the libelant:
'On Monday, June 15, 1885, the libelant shipped on board the Caledonia, at Boston, to be delivered at Deptford, two hundred and seventy-four head of cattle in good order and condition; and put on board fodder sufficient for a voyage of fifteen days (a day or two more than the usual length of voyage), being all the fodder that by the usage of the business he was bound to provide. On the morning of June 24th the ninth day out from Boston, in smooth weather, the propeller shaft of the Caledonia broke straight across in the stem tube. There had been no heavy weather on this voyage, and the propeller did not strike against any rock or derelict or other object. The cause of the breaking of the shaft was its having been weakened by meeting with extraordinarily heavy seas on previous voyages. At the time of leaving Boston, on June 15th, the shaft was in fact unfit for the voyage, and by reason of its unfitness the vessel was unseaworthy. No defect in the shaft was visible or could have been detected by the usual and reasonable means, if the shaft had been taken out and examined. No negligence on the part of the owners of the steamship was proved.
'By reason of the breaking of the shaft, the voyage lasted twenty-five days, and the cattle were put on shour allowance of food, and in consequence thereof were landed at Deptford in the afternoon of Monday, July 20th, in an emaciated condition.
'The market days in London were Mondays and Thursdays. By the usual course of the business of shipping live cattle from Boston to Deptford for the London market, and in accordance with the knowledge and contemplation of both parties at the time of the execution of the memorandum of agreement and the bill of lading, the cattle were not to be sold before arrival, and were sold at the first market after their arrival.
'The amount of the damages suffered by the libelant was as stated in the...
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