Tuesday, December 31, 2013

The Folmina case brief

The Folmina case brief summary
Supreme Court, 1909

  • The Folmina sailed from Japan to New York with a large shipment of rice.
  • The BOL contained the exception of perils of the sea and a provision that the ship is not liable for sweat, rust, decay, vermin, rain or spray.
  • The rice was damaged when it arrived in NY.
  • The damaged was caused by sea water.
  • The ship was carefully examined during and after the delivery and the decks, hull, side plating and rivets of the ship were found to be intact and free from leaks.
  • No adequate means of access of sea water were found.

  • If goods are received in good order on board and are to be delivered in like good under the BOL, but if the goods are damaged, the burden lies upon the carrier to show that it was occasioned by one of the perils for which he was not responsible.
  • Proof that the damages was caused by seawater doesn’t proof that it was caused by peril of the sea.
  • The carrier has the burden to proof a connection between damage by the seawater and the exception against sea perils.
  • In this case there was a failure to prove whether the presence of the seawater was caused by an accident, negligence or any other cause.
  • Since the carrier couldn’t prove it, the damage is resolved against him.
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