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SMITH V. THE FERNCLIFF, 306 U. S. 444 (1939)

U.S. Supreme Court

Smith v. The Ferncliff, 306 U.S. 444 (1939)

Smith v. The Ferncliff

No. 548

Argued March 2, 1939

Decided March 27, 1939

306 U.S. 444


1. Provision in a marine bill of lading that carrier's liability for damage to goods on delivery shall be adjusted and settled on invoice cost plus disbursements held valid. Ansaldo San Giorgio I v. Rheinstrom Bros. Co., 294 U. S. 494, distinguished. P. 306 U. S. 448.

2. The damages, as measured by this clause, are computed by deducting the value of the damaged goods in their damaged condition at the time and place of delivery from the invoice cost valuation as fixed by such clause, not by applying to the invoice value the percentage of loss of the damaged goods, based on difference between sound value and damaged value. P. 306 U. S. 450.

Page 306 U. S. 445

Response to questions propounded by certificate of the court below in an admiralty case, on appeal to that court from the District Court. 22 F.Supp. 728, 741-742.

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