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St. Johns N.F. Shipping Corp. v. Companhia Geral, 263 U.S. 119 (1923)

St. Johns N.F. Shipping Corporation v.

Companhia Geral Commercial do Rio de Janeiro

No. 43

Argued October 4, 1923

Decided November 12, 1923

263 U.S. 119


1. A preliminary freight reservation agreement for carriage of goods "on or under deck, ship's option," and subject "to terms of bills of lading in use by steamer's agents," gives the ship an option as to place of stowage, and, in the absence of a general port custom to the contrary, the issuance thereafter of a clean bill of lading amounts to a positive representation by the ship that the option has been exercised and that the goods will go under deck. P. 263 U. S. 123.

2. Where rosin shipped under a clean bill of lading was stowed on deck, and was jettisoned during the voyage to relieve the ship in a storm, held that the ship was liable as for a deviation, could not escape by reason of relieving clauses in the bill, and must pay damages measured by the value of the goods at destination. P. 263 U. S. 124.

280 F. 553 affirmed.

Certiorari to a decree of the circuit court of appeals which affirmed a decree of the district court, in admiralty awarding damages against a ship for loss of cargo.

Page 263 U. S. 122

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