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The Wildcroft, 201 U.S. 378 (1906)
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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 Wildcroft, 201 U.S. 378 (1906)
The Wildcroft No. 127 Argued December 12, 13, 1905 Decided April 2, 1906 201 U.S. 378
CERTIORARI TO THE UNITED STATES CIRCUIT
COURT OF APPEALS FOR THE THIRD CIRCUIT
Syllabus
The relief afforded by § 3 of the Harter Act, 27 Stat. 445, to shipowners is purely statutory, and in order for a shipowner to avail of the exemptions from liability for errors of management or navigation, the burden is on him to prove affirmatively, in all cases, and not only in those where there is conflicting testimony, that the vessel was seaworthy at the beginning of the voyage or that due diligence had been used to make her so. The discharge of the duty of the shipowner in this respect is not left in the absence of proof to any presumption.
Findings of fact by both the district court and the circuit court of appeals as to seaworthiness of a vessel at, and due diligence used prior to, the commencement of the voyage will not ordinarily be disturbed by this Court, and so held in this case.
The facts are stated in the opinion.
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Chicago: U.S. Supreme Court, "Syllabus," The Wildcroft, 201 U.S. 378 (1906) in 201 U.S. 378 201 U.S. 384. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=TBJRREKE7V7YNFY.
MLA: U.S. Supreme Court. "Syllabus." The Wildcroft, 201 U.S. 378 (1906), in 201 U.S. 378, page 201 U.S. 384. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=TBJRREKE7V7YNFY.
Harvard: U.S. Supreme Court, 'Syllabus' in The Wildcroft, 201 U.S. 378 (1906). cited in 1906, 201 U.S. 378, pp.201 U.S. 384. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=TBJRREKE7V7YNFY.
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