St. Johns N.F. Shipping Corp. v. Companhia Geral, 263 U.S. 119 (1923)

Please note: this case begins in mid-page. It therefore shares a citation with the last page of the previous case. If you are attempting to follow a link to the last page of 263 U.S. 103, click here.

St. Johns N.F. Shipping Corporation v.


Companhia Geral Commercial do Rio de Janeiro
No. 43


Argued October 4, 1923
Decided November 12, 1923
263 U.S. 119

CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE SECOND CIRCUIT

Syllabus

1. A preliminary freight reservation agreement for carriage of goods "on or under deck, ship’s option," and subject "to terms of bills of lading in use by steamer’s agents," gives the ship an option as to place of stowage, and, in the absence of a general port custom to the contrary, the issuance thereafter of a clean bill of lading amounts to a positive representation by the ship that the option has been exercised and that the goods will go under deck. P. 123.

2. Where rosin shipped under a clean bill of lading was stowed on deck, and was jettisoned during the voyage to relieve the ship in a storm, held that the ship was liable as for a deviation, could not escape by reason of relieving clauses in the bill, and must pay damages measured by the value of the goods at destination. P. 124.

280 F. 553 affirmed.

Certiorari to a decree of the circuit court of appeals which affirmed a decree of the district court, in admiralty awarding damages against a ship for loss of cargo.