International Navigation Company v. Farr And Bailey Manufacturing Company

181 U.S. 218 (1901)

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Nature of the Case

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Facts

D took on a cargo of burlap from P. The contract incorporated the Harter Act. The compartment in which the burlaps were stowed was used exclusively as a cargo hold; the glass and iron covers were intended to be securely closed before any cargo was received; the person whose duty it was to close them or see that they were closed, supposed that they had been properly done; and the hatches were battened down with no expectation that any more attention would be given to the port covers during the voyage. The port was not securely covered, and there was an influx of water. P sued D to recover for the damage to the cargo. P sought to recover $2084.15. The case was heard and the cause was referred to a commissioner to determine the extent of the loss. P won and D applied for a reargument, which was had, and thereupon the libel was dismissed. P appealed and the appeals court reversed and found D liable.