The Sao Paulo
U.S. Court of Appeals for the Second Circuit
The Sao Paulo, 207 F. 51 (2d Cir. 1913)
124 C.C.A. 611; 1913 U.S. App. LEXIS 1601
The Sao Paulo
Opinion of the Court
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.
Reference
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- THE SAO PAULO
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- Syllabus
- Shipping (§ 132*)—Damage to Cargo—Liability op Vessel—Evidence Considered. Evidence considered in a suit to recover for damage to a cargo of Brazil nuts by beating or burning on a voyage from Para, to New York, and held insufficient to establish negligence on the part of the vessel in stowage or ventilation, or in failing to shovel the nuts over during the voyage in the usual imumer; it further appearing that they were subjected to worse conditions when being brought down the Amazon in river steamers and that the injury might have been sustained during that time. [Ed. Note.—Eor other eases, see Shipping, Cent. Dig. §§ 471-187; Dec. Dig. § 132.* Liabilities of vessel owners for loss or injury from improper stowage, see note to The Gualala, 102 C. C. A. 553.]