The Louise

2 Citing cases

  1. The Louise

    58 F. Supp. 445 (D. Md. 1945)   Cited 14 times

    Exceptions overruled. See also 54 F. Supp. 157. CHESNUT, District Judge.

  2. Interstate Steel Corp. v. S.S. “Crystal Gem”

    317 F. Supp. 112 (S.D.N.Y. 1970)   Cited 50 times
    Holding that where damages are unclear or difficult to prove, "the court should use the best indication it can obtain rather than deny any recovery"

    Petition of Reliance Marine Transp. Const. Corp., 206 F.2d 240, 243 (2d Cir. 1953); Miller v. Union Barge Line Corp., 299 F. Supp. 718 (W.D.Pa. 1969). This warranty is non-delegable, The Louise, 54 F. Supp. 157, 161 (D.Md. 1943), and shipowner has the burden of proving that the ship was seaworthy at that time. A finding of excessive rust on cargo resulting from the seepage of seawater through the hatch covers of the No. 3 hold would justify the presumption of the unseaworthiness of the S.S. CRYSTAL GEM, which, remaining unrebutted, would entitle plaintiff to a decree against shipowner and charterer for such damage.