The Italia
The Italia
Opinion of the Court
The steamer arrived on April 30th and docked at Pier 29, North River, May 1st. She was entered at the custom house early in the morning of May 1st and began discharging on that day. She was moved from Pier 29 to Pier 30 at half past 11 on May 5th. The macaroni was discharged on Pier 29. This is a covered pier, and the macaroni was piled up awaiting withdrawal; some of it being near a leader or pipe from the roof of the shed. On May 7th there came a strong rain, and the water burst the pipe and went on the macaroni.
So much of the decree as finds the ship liable for damages to the macaroni on the pier is reversed, with costs of this appeal.
For other eases see same topic & § number in Dee. & Am. Digs. 1907 £o date, & Rep’r Indexes
Reference
- Full Case Name
- THE ITALIA
- Cited By
- 11 cases
- Status
- Published
- Syllabus
- 1. Shipping (§ 126*) — Responsibility foe Goods Aftee Unloading. The liability of a vessel as a carrier ceases when she has discharged goods at a proper pier, and she can be held liable thereafter only for negligence in caring for them until their removal by the consignee. [Ed. Note. — For other eases, see Shipping, Cent. Dig. §§ 461-461; Dec. Dig. § 126.*] 2. Shipping (§ 126*) — Responsibility foe Goods Aftee Unloading. A vessel discharged a shipment of macaroni on a covered pier in New York, where two- days after she had left that pier it was injured by water by the bursting of a leader from the roof of the shed during an extraordinary rainfall. The pipe was sound, and had not leaked before. Said, that no negligence was attributable to the ship in leaving the goods near such pipe,' and that she could not be held liable for the loss. [Ed. Note. — For other cases, see Shipping, Cent. Dig. §§ 461 — 464; Dec. Dig. § 126.*]