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  • US Supreme Court
  • Mar 11, 1895

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  1. Work Vs. Leathers US Supreme Court · Jan 01, 1878
  2. In Kopitoff v. Wilson
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  3. And the case of Cohn v. Davidson
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  4. The reasons for the strict enforcement of the warranty in insurance have frequently been commented on. In Douglas v. Scougall
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  5. Similarly, Mr. Justice Curtis, in Bullard v. Rober
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  6. of affreightment, that warranty is necessarily as absolute in the one instance as in the other. In Putnam v. Wood
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  7. The high authority of Lord Tenterden (Abbott on Shipping, 1st ed., 146), Lord Ellenborough ( Lyon v. Mells
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  8. East 428), Mr. Baron Parke ( Gibson v. Small
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  9. H.L.C. 353, 404), and Lord Blackburn ( Steel v. State
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  10. started, the shaft was not reasonably fit for the voyage, she was unseaworthy, and the owner was liable, and Lyons v. Mells
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  11. Kopitoff v. Wilson
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  12. Steel v. State
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  13. Whitall v. The
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  14. Talcot v. Commercial
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  15. Ins. Co., 2 Johns. 124, 128. It is urged that doubt is thrown upon the doctrine by the reasoning in Readhead v. Midland
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  16. of an express provision, protect the shipowner against the consequences of furnishing an unseaworthy vessel. Steel v. State
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  17. Gilroy v. Price
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  18. Tattersall v. National
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  19. Thames & Mersey Ins. Company v. Hamilton
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  20. Cas. 484, 490. If the exceptions are capable of, they ought to receive, to use the language of Lord Selborne in Steel v. Steamship
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  21. by another familiar rule of construction, they should be treated as equally limited in their scope. In Tattersall v. Steamship
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  22. the damages by reason of the fall in price were not remote, but flowed naturally from the breach of warranty. Howard v. Stillwell
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  23. Cincinnati Gas Co. v. Western
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  24. King v. Woodbridge
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  25. Laurent v. Vaughn
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  26. Ayres v. Chicago
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  27. Deming v. Grand
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  28. Wilson v. Lancashire
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  29. Collard v. Southeastern
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  30. for the purposes of this case that under the stringent rule laid down by this Court in Richelieu Navigation Co. v. Boston
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  31. of destination within the usual time. The distinction is nowhere better or more concisely stated than in Parsons v. Hardy
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  32. The principle of this case was affirmed in Wibert v. New
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  33. In Thayer v. Burchard
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  34. To the same effect are Galena & Chicago Railroad v. Rae
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  35. Helliwell v. Grand
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  36. Trunk Railway, 10 Bissell 170. In Geismer v. Lakeshore
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  37. Railway, 102 N.Y. 563, and Lake Shore Railway v. Bennett
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  38. Page v. Munro
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  39. Ward v. N.Y
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  40. Hand v. Baynes
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  41. Kinnick v. Chicago
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  42. Boner v. Merchants'
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  43. Conger v. Hudson
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  44. Railroad v. Hazen
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  45. demanding only the exercise of due diligence with respect to the time of delivery. A leading case is that of Briddon v. Great
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  46. effort involving additional expense, the company was not bound to use such means and to incur such expense. In Hales v. London
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  47. The case of Taylor v. Great
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  48. the law has imposed upon the carrier the stringent liability of an insurer. As was said by Lord Holt in Coggs v. Bernard
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  49. been disclosed. The cases cited in the opinion of the Court do not seem to me to support its conclusion. In Steel v. State
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  50. of Cohn v. Davidson
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