New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1864-07-20
UNITED STATES DISTRICT COURT-JuLY, ise4-Befor
Judge Rrrrs.
AFFRFIGHT ifEyT CONTRACT-LTMTTATT0H.

Jenes H. Einsn 1t al AIT The brig Drvid ard Caroline.
Belts 1.-The lbelants in this action claim dam
asnnst the brig contract OF sreiytmcu between
her aud tbs ibesn id- ~ Antwerp April 23 1897 20 trans
NwYork for losses and injuries TO the said merchandise
IT, carriage because Of nrn sd precantioo Ia ths
and carriage OF the cargo on board the vessel on such
TIE is.er Of the vessel m,ervenss and answers the
part o The vessel admits tie arrisfnn IA set ioh IN the
ib. and AYERS fnlhlment Of lis the part Of The
yes. aud that any ss~s incurred BY the cargo on i trans
port not owing 10 crelene-' or negligence on the p
Of the o the vr-- or her officers. or other per-
employed IN her navigation or preparation Tor the voya
The answer frhe, slcse, th', any Dla"; .salned ~
furthermore thar he vessel exempt under the shipment
undert king all responsibility be eans because Of
Leakage. brrakass or rust on the voyage.
Both parties concur their the and perticu
lars upon which the mrrchnnd.e N question we' shipped
ched 20 the peadngs ,re representation Of the contract
Of ufffeghimsnf between them.
The Original contract not produced In evidence before
tho Court the trial Of the but rs eIence sud form
admitted record The body Of rhe bill Of sdng ac
knoweg- The reception Of the hoari the ship in
good coalition and 20 transport aud deliver a, New
YORK. order the perls and fortunes Of the excepted
There inlorsen,ent the bin Il sdiug. In these
euns Weight sud con ent. anknowni ship not accountable
Tor leakage, brrakage, nor Tust"
Upou he pesng. and vouchers Of record IN he II 10
accordingly dDous tied that the sci d. charged by
presi stipulation and the hbelns from iabity to
them tor damages incurred by tie cargo under the agreement
Of are4hm~ni and carnage generally from those cSuses
equally a. from peril. ~ the
There seems in principle authority 70 question
the power Of parties TO contract. Of carriage 81 limit Us be-
e-a thcn.syes the law Of the obligation
II Parsons Ccntrncts oh. IS and tdD 70i-Oa New
Jersey Steam Nsvg ION CO. Az. The Merchants Bonk, 2
The Of this arton i the supposed inherent abso
Of the undertaking Of tho ship to deliver the goods
IN the bin Of adny to the eonsnres st he port Of Jos
board The evidence the proves the ship dscaned
al suwg- 81 the contents and -nsrsny Of the csraae OF
thr srss speehfd ire 81 raks-e trakaee, rust" In
those particuar he shipment was placed or the same footing
a. n rsspret 70 he peril. q the ,ess
suit fhc vessel discharged Of the luy o. providing
her own IN against losses OF ne, 20 Tie csro ou these
ducrd sugnrntrd by the wrongful nryn,es Of the
Of the .his Itself fhen ia affirmative
proof OF thst character before the Court.
The acceptance " the bill Of adns by the hbenss With
the quacatens annexed r. renders The pons stated
az eenu far their Interest In 4 and the ohi saons d
the sp concerned THY equivalent, to drec,
cnon the bill Il ,ding riss rers Of .he
d the inherent siy .nd Of the cargo an. to De
cared for by the shippers AZ their risk
The testimony by the b-ants themselves tho rs
q the crus ard that DERIVED from other make it
plain thar they well nccrsary the safe
rrsge Of ira merchandise DESTROYED the voyage that Il
surroundings bddn- that ihs rrtors other brittle
and poBdeIons portions Il the shod bs def nied BY
sraprn, or Il pions or like securities against
dir. friction with uner on board shio laden
with materials & great isnsiou. and hulk; and especially
that ho.r sc - should lave hd povied IN even oo,nc
zee, apon -S beins hollow aud thus exposed BY shspe
ard weight TO bgrdka-s from jusa,ositon alone
cved secured by proper appliances in sowsze and relief
be frame II TIE Shipping plainly iIicai-s thut
both ps. intended the dip no, incur the res.
roa ty AID charge OF preparing these commodities for
safe ond it, charge and resnonsbilv
oul that tie would be delivered n t vessel ia the
dton the cons rs prepared udi would b. salts.
frory ior cir ss conveyance and delivery the port
VI tcTHsdou - the 'hip
As-auug he Corn doe. that belonged the lbelaus
t0 n-h a. afr Va auction htied for transportation IN
pursuance of the slipping eonrae' At their charge and
rosponsby an Cd opaipn h,- 10 misconduct neg.
Nfcnrs proved aeiu-' e y-c IN the ct0u, by which
che rudsrd liable 20 dugcs demanded IN this sut Ills
deere dteis The lctin OF tbe b.at asans, the vessel
solely Tie sbs'e o. the s does no. nplrt tie claimants
counter A'rire remedy inst the libelsn. to enforce
10y positive ndleni n he Court 'lsfaouon OF the shipping
c.f.frllt. iu fiyo!lf he ship
TIE lgiiifnaf' result Of The gcon wrongfuy pursued
sfnst the vrscl l. 10 have her DISCHARGED from H. with
costs b.; Tie Admiralty practice doe. annex to the pro-
cnr, . iny allowed In this local Law Courts of con-
s BY Of rrcOuPnou Otherwise tho equitable or
al inrr-. II the clainaus involved transscti0n
ito lawful jnd mont sginsi tho hbeants enforcibe b.
process hgrinst thrir pfrson md eiieeis.
The decree ,rslre only scages the vesscl from ar.
res Libel dismissed, with costs.