The Sao Paulo

Second Circuit

The Sao Paulo

207 F. 51, 124 C.C.A. 611, 1913 U.S. App. LEXIS 1601

CourtCourt of Appeals for the Second Circuit

DecidedJune 14, 1913

DocketNo. 194

StatusPublished

Cited by3 cases

This text of 207 F. 51 (The Sao Paulo) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

The Sao Paulo, 207 F. 51, 124 C.C.A. 611, 1913 U.S. App. LEXIS 1601 (2d Cir. 1913).

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Opinion

PER CURIAM.

The damage was undoubtedly by “deterioration,” which is among the exceptions in the bills of lading, and concededly the burden rests on the cargo owner to show that the ship’s negligence caused or promoted such deterioration. The case is a very close one but on the whole we concur with Judge Hand’s conclusion for the reasons he has expressed that such negligence is not established by a preponderance of proof.

Decrees affirmed, with costs of this appeal.

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PER CURIAM.

The damage was undoubtedly by “deterioration,” which is among the exceptions in the bills of lading, and concededly the burden rests on the cargo owner to show that the ship’s negligence caused or promoted such deterioration. The case is a very close one but on the whole we concur with Judge Hand’s conclusion for the reasons he has expressed that such negligence is not established by a preponderance of proof.

Decrees affirmed, with costs of this appeal.

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Bluebook (online)

207 F. 51, 124 C.C.A. 611, 1913 U.S. App. LEXIS 1601, Counsel Stack Legal Research, https://law.counselstack.com/opinion/the-sao-paulo-ca2-1913.

Opinion

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