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[Download] "Smartley v. Pennsylvania Sugar Co." by United States Court of Appeals for the Fourth Circuit " Book PDF Kindle ePub Free

Smartley v. Pennsylvania Sugar Co.

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eBook details

  • Title: Smartley v. Pennsylvania Sugar Co.
  • Author : United States Court of Appeals for the Fourth Circuit
  • Release Date : January 08, 1940
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 62 KB

Description

This is an appeal from a decree dismissing a petition for limitation of liability. The appellant is the owner of the barge Fred Smartley, Jr., upon which a cargo of sugar was shipped by the Pennsylvania Sugar Company in November 1935. The cargo was damaged as a result of the unseaworthiness of the barge, and this court affirmed a decree of the District Court awarding damages to the shipper on the ground that the barge was unseaworthy at the inception of the voyage. The Fred Smartley, Jr., 4 Cir., 100 F.2d 971. The court below denied limitation of liability on two grounds: (1) that, as the shipment was made pursuant to a personal contract containing an implied warranty of seaworthiness, the owner of the barge was not entitled to limit liability; and (2) that the petition for limitation of liability was not filed within the time required by statute.


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