The John Pearson Filiberto v. the John Pearson Taylor
Citation | 121 U.S. 469,7 S.Ct. 1008,30 L.Ed. 979 |
Parties | THE JOHN H. PEARSON. 1 FILIBERTO and others v. THE JOHN H. PEARSON. (TAYLOR, Claimant.) |
Decision Date | 25 April 1887 |
Court | United States Supreme Court |
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This is an appeal in admiralty, and presents the following facts: The bark John H. Pearson was chartered to carry a cargo, consisting mostly of oranges, for the libelants, from Palermo, Sicily, to Boston, Massachusetts. The charter-party contained the words, 'captain engages himself to take the northern passage,' inserted at the instance of the libelants, for the benefit of the cargo, and written into the printed blank. The cargo was badly damaged on the voyage, and this suit was brought to recover for the loss. The controversy is as to whether the vessel, in going from Gibraltar to Boston, took 'the northern passage.' The court has found that 'shippers of fruit consider it of very great importance for the preservation of the cargo that it be kept in as cold a temperature as possible, short of the freezing POINT, AND HAVE BEEN ACCUSTOMED FOR MANY years to instruct masters to take a northerly course;' and, after setting forth other facts, stated as 'conclusions of law' the following:
The libel was dismissed, and from a decree to that effect this appeal was taken. The opinion of the circuit court is reported in 14 Fed. Rep. 749.
H. W. Putnam, for appellant.
Frederic Dodge, for appellee.
[Argument of Counsel from pages 470-472 intentionally omitted]
As the libelants deemed the agreement to 'take the northern passage' of sufficient importance to have a printed form changed, so that it might be incorporated in...
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