[Download] "Plow City." by United States Court of Appeals for the Third Circuit * eBook PDF Kindle ePub Free

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eBook details

• Title: Plow City.
• Author : United States Court of Appeals for the Third Circuit
• Release Date : January 11, 1941
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 49 KB

Description

The libellant and appellant, Texas Gulf Sulphur Company, shipped a quantity of sulphur from Galveston, Texas, by S.S. "Plow City," to be delivered at Norfolk, Virginia, in the same good order and condition in which it was received. The Plow City was under charter to International Freighting Corporation, Inc., and the shipment was made pursuant to a contract between libellant and the latter company. The libellant, however, accepted a bill of lading from the master of the Plow City which incorporated the provisions of the Harter Act, 27 Stat. 445, 46 U.S.C.A. §§ 190 - 195.The bill of lading purported to except the ship and its claimant from liability for damages arising out of " * * * Perils of the Sea. * * * Accidents of Navigation, or latent defects, in, or accidents to, Hull, and/or Machinery, and/or Boilers * * * even whe occasioned by the negligence, default or error in judgment of the * * * Master, Mariners or other persons employed by the Shipower, or for whose Acts he is responsible, not resulting, however, in any case from want of due diligence by the Owner of the Ship, or by the Ships Husband or Manager * * * ." The bill of lading also incorporated all the terms and exceptions contained in another charter party between American Range Lines, Inc., and International Freighting Corporation, Inc., which excepted "Perils of the Sea, * * * Barratry of Master and Crew, * * * Accidents of Navigation * * * even when occasioned by negligence, default or error in judgment of the Pilot, Master, Mariners or other Servants of the Shipowners." The charter party expressly warranted that the Plow City was * * * tight, staunch and strong, and in every way fitted for the voyage * * * " and was " * * * to be maintained in such condition by the owners during the voyage."

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