Tuesday, December 31, 2013

Schnell v The Vallescura case brief

Schnell v The Vallescura case brief summary
Supreme court of US, 1934

  • Shipment of onions on board of the Vallescura.
  • From Spain to NYC.
  • The onions were received in good condition, but arrived in decay.
  • The damage was caused by improper ventilation of the cargo.
  • The failure to ventilate was due in part by the heavy weather and by neglect of eh master and crew in failing to keep them open at nigh tin fair weather.

  • The failure to ventilate was not a “fault or error in navigation or management” of the vessel, from the consequences of whichit may be relieved by section 3 of the Harter Act.
  • The management was of the cargo within the meaning of section 1 and 2.
  • In general the burden rests on the carrier to bring himself within any exception relieving him from the liability because he is a bailee intrusted with the goods with respect to the care and safe delivery.
  • When the carrier succeed in establishing that the injury is from an excepted cause, the burden is then on the shipper to show that the cause would not have produced the injury but for the carrier’s negligence.
  • But, if the carrier delivers damaged goods by causes unknown, he is subject to liability.
  • The carrier must bear the entire loss where the injury appears to be from sea peril and/or negligent stowage and he fails to show what damage is attributable to sea peril.
Suggested law school study materials

Shop Amazon for the best prices on Law School Course Materials.

No comments:

Post a Comment

Small Business Tax Tips: Maximizing Deductions and Credits

Small Business Tax Tips: Maximizing Deductions and Credits https://pixabay.com/photos/money-bills-calculator-to-save-256312/  Managing a sma...