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The Manitou

The Manitou, 127 F. 554 (2d Cir. 1903)
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Court
Court of Appeals for the Second Circuit · U.S. Courts of Appeals
Decided
December 11, 1903
Docket
No. 41
Judges
Coxe, Dacombe, Townsend
Citations
127 F. 55463 C.C.A. 1091903 U.S. App. LEXIS 4414
Cited by 8
Headnotes
1. Shipping — Damage to Cargo — Unseaworthiness. In a suit against a steamship to recover for damage to cargo during a voyage from Eondon to New York, caused by the escape of steam through partially open valves, the finding of the trial court that the evidence on behalf of the claimant was insufficient to show that the valves were closed when the steamer, sailed affirmed. ¶1. Implied warranty of seaworthiness, see note to The Carib Prince, 15 O. O. A. 388.
Summary
Appeal from the District Court of the United States for the Southern District of New York. This cause comes here upon appeal from a decree of the District Court (ii6 Fed. 6o), by which the steamer Manitou was compelled to pay for cargo damaged by steam which entered cargo compartments through pipes of the fire-extinguishing apparatus.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court

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PER CURIAM.

We do not think it. necessary to add anything to the opinion of the District Judge, concurring with him in the conclu, *555 sion that the claimant has not satisfactorily shown that the valves through which the steam made its way were closed when the steamer sailed. The damages have been calculated in accordance with the rule laid down by this court in The Styria, toi Fed. 728, 41 C. C. A. 639 . We see no reason to modify the views-therein expressed.

The decree is affirmed, with interest and costs.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 8 cases

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1904: 11907: 11925: 21928: 11932: 11933: 219042026peak 1925 · 2

Relies on it most ⓘ

  1. Bradley v. Lehigh Valley R.153 F. 350 (2d Cir. 1907)
  2. The Newport7 F.2d 452 (9th Cir. 1925)
  3. G. Amsinck & Co. v. Pacific Mail S. S. Co.7 F.2d 452 (9th Cir. 1925)
  4. The Steel Navigator23 F.2d 590 (2d Cir. 1928)
  5. The Oneida128 F. 687 (2d Cir. 1904)
  6. The Jl Luckenbach65 F.2d 570 (2d Cir. 1933)

Most recent

  1. The Jl Luckenbach65 F.2d 570 (2d Cir. 1933)
  2. California Victor Distributing Co. v. Coonan65 F.2d 570 (2d Cir. 1933)
  3. California Victor Distributing Co. v. Luckenbach S. S. Co.1 F. Supp. 692 (S.D.N.Y. 1932)
  4. The Steel Navigator23 F.2d 590 (2d Cir. 1928)
  5. The Newport7 F.2d 452 (9th Cir. 1925)
  6. G. Amsinck & Co. v. Pacific Mail S. S. Co.7 F.2d 452 (9th Cir. 1925)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

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