Smith v. The Ferncliff, 306 U.S. 444 (1939)

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Smith v. The Ferncliff


No. 548


Argued March 2, 1939
Decided March 27, 1939
306 U.S. 444

CERTIFICATE FROM THE CIRCUIT COURT OF APPEALS
FOR THE FOURTH CIRCUIT

Syllabus

1. Provision in a marine bill of lading that carrier’s liability for damage to goods on delivery shall be adjusted and settled on invoice cost plus disbursements held valid. Ansaldo San Giorgio I v. Rheinstrom Bros. Co., 294 U.S. 494, distinguished. P. 448.

2. The damages, as measured by this clause, are computed by deducting the value of the damaged goods in their damaged condition at the time and place of delivery from the invoice cost valuation as fixed by such clause, not by applying to the invoice value the percentage of loss of the damaged goods, based on difference between sound value and damaged value. P. 450.

Response to questions propounded by certificate of the court below in an admiralty case, on appeal to that court from the District Court. 22 F.Supp. 728, 741-742.