The Erskine M. Phelps
The Erskine M. Phelps
Opinion of the Court
The matter excepted to is as follows:
“If it be true that the articles mentioned were damaged, the said damage was caused by a cause excepted in the bill of lading in article 4 of said libel referred to, to wit, the dangers of the seas.”
The grounds of the exception are that the matter excepted to is imperfect, uncertain, insufficient, and evasive for the reason that it does not appear therefrom by what particular, danger of the sea the said goods were damaged.
It is a general rule of pleading that a party relying upon an exception must state the facts which bring his case within the exception. The dangers of the sea are many and varied, and it should appear to the court from a statement of facts that the matters relied upon as
The exceptions to the answer will be sustained, and claimant allowed, if he so desire, to amend the answer to conform to these views.
Reference
- Full Case Name
- THE ERSKINE M. PHELPS
- Cited By
- 1 case
- Status
- Published