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Standard Varnish Works v. Steamship "Bris", 248 U.S. 392 (1919)

Standard Varnish Works v. Steamship "Bris"

No. 745

Argued December 13, 1918

Decided January 13, 1919

248 U.S. 392


The bill of lading provided that prepaid freight should be considered earned on shipment of the goods and be retained by the vessel owners, "vessel or cargo lost or not lost, or if there be a forced interruption or abandonment of the voyage at a port of distress or elsewhere;" that, in case the ship should be prevented from reaching destination by war or the hostile act of any power, the master might

Page 248 U. S. 393

await removal of the obstacle, discharge the goods at any depot or convenient port, or bring them back to the port of shipment, where the ship's responsibility should cease, and it exempted the carrier from loss "by arrest and restraint of princes, rulers or people." War measures taken by the government respecting such goods soon after shipment made it impossible to carry them to destination, and they were redelivered at the port of shipment without breaking ground. Held that the carrier was not obliged to refund the freight. Allanwilde Transport Corp. v. Vacuum Oil Co., ante, 37; International Paper Co. v. The Gracie D. Chambers, ante, 387. P. 248 U. S. 398.

The case is stated in the opinion.

Page 248 U. S. 396

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