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Cullen Fuel Co., Inc. v. W. E. Hedger, Inc., 290 U.S. 82 (1933)
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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.
Cullen Fuel Co., Inc. v. W. E. Hedger, Inc., 290 U.S. 82 (1933)
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Cullen Fuel Co., Inc. v. W. E. Hedger, Inc. No. 9 Argued October 11, 1933 Decided November 6, 1933 290 U.S. 82
CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE SECOND CIRCUIT
Syllabus
1. Rulings of the court below that, under the circumstances of this case, a contract of charter, orally arranged by an employee of a corporate owner, was the personal contract of the owner, and that a bailee of cargo was entitled to recover for its loss due to a breach of the warranty of seaworthiness, sustained. P. 88.
2. A boat owner who has chartered his boat by his personal contract of charter cannot, under U.S.C. Title 46, §§ 183, 188, 189, limit his liability for breach of his warranty of seaworthiness, even though such warranty is not expressed in the contract, but is merely implied. P. 88.
3. The warranty of seaworthiness is implied from the circumstance of the parties and the subject matter of the contract, and is as much a part of the contract as any express stipulation. It may be negatived only by express covenant. P. 88.
4. Inasmuch as the warranty of seaworthiness relates only to the fitness of the vessel at the commencement of the voyage, and not to her suitability under conditions thereafter arising which are beyond the owner’s control, the denial of limitation of liability in case where the owner by his personal contract warrants seaworthiness does not cut away the protection afforded to ship owners by the Act of Congress. P. 88.
62 F.2d 68 affirmed.
Certiorari, 289 U.S. 717, to review a judgment affirming a decree of the district court, 45 F.2d 859, denying limitation of liability in admiralty.
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Chicago: U.S. Supreme Court, "Syllabus," Cullen Fuel Co., Inc. v. W. E. Hedger, Inc., 290 U.S. 82 (1933) in 290 U.S. 82 290 U.S. 82–290 U.S. 87. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=SKPCFPKP2HBIJJA.
MLA: U.S. Supreme Court. "Syllabus." Cullen Fuel Co., Inc. v. W. E. Hedger, Inc., 290 U.S. 82 (1933), in 290 U.S. 82, pp. 290 U.S. 82–290 U.S. 87. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=SKPCFPKP2HBIJJA.
Harvard: U.S. Supreme Court, 'Syllabus' in Cullen Fuel Co., Inc. v. W. E. Hedger, Inc., 290 U.S. 82 (1933). cited in 1933, 290 U.S. 82, pp.290 U.S. 82–290 U.S. 87. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=SKPCFPKP2HBIJJA.
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