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The Kronprinzessin Cecilie, 244 U.S. 12 (1917)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
The Kronprinzessin Cecilie, 244 U.S. 12 (1917)
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The Kronprinzessin Cecilie* No. 922 Argued pril 16, 17, 1917 Decided May 7, 1917 244 U.S. 12
CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE FIRST CIRCUIT
Syllabus
Upon the facts stated in the opinion, held that the master and owners of the German Steamship Kronprinzessin Cecilie were justified in apprehending that she would be seized as a prize, and her German and other passengers detained, if she completed her voyage to Plymouth and Cherbourg on the eve of the present war; that return to this country before Plymouth was reached was a reasonable and justifiable precaution, and that libelants have no cause of action for failure to deliver their shipments of gold at those ports, although, semble, the risk did not fall within the exception of "arrest and restraint of princes, rulers, or people" expressed in their bills of lading.
In an ordinary contract of carriage not made in the expectation that war may intervene before delivery, peril of belligerent capture affords an implied exception to the carrier’s undertaking, the contract being silent on the subject.
The Court rejects the argument that, although a shipowner may give up the voyage to avoid capture after war is declared, he is never at liberty to anticipate war, and holds that, where war is reasonably and correctly anticipated, liability for nondelivery of freight cannot depend upon a nice calculation that delivery might have been made and capture avoided if the voyage had gone on.
238 F. 668 reversed.
The case is stated in the opinion.
Contents:
Chicago: U.S. Supreme Court, "Syllabus," The Kronprinzessin Cecilie, 244 U.S. 12 (1917) in 244 U.S. 12 244 U.S. 13–244 U.S. 20. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=RF2B5P3CRTU827D.
MLA: U.S. Supreme Court. "Syllabus." The Kronprinzessin Cecilie, 244 U.S. 12 (1917), in 244 U.S. 12, pp. 244 U.S. 13–244 U.S. 20. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=RF2B5P3CRTU827D.
Harvard: U.S. Supreme Court, 'Syllabus' in The Kronprinzessin Cecilie, 244 U.S. 12 (1917). cited in 1917, 244 U.S. 12, pp.244 U.S. 13–244 U.S. 20. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=RF2B5P3CRTU827D.
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