THE MERAUKE

No. 241.

31 F.2d 974 (1929)

THE MERAUKE. VACUUM OIL CO. v. ROTTERDAMSCHE LLOYD.

Circuit Court of Appeals, Second Circuit.

April 1, 1929.


Attorney(s) appearing for the Case

Barry, Wainwright, Thacher & Symmers, John C. Prizer, and John C. Crawley, all of New York City, for appellant.

Burlingham, Veeder, Fearey, Clark & Hupper, Ray Rood Allen, and P. Fearson Shortridge, all of New York City, for appellee.

Before L. HAND, SWAN, and CHASE, Circuit Judges.


SWAN, Circuit Judge (after stating the facts as above).

It is settled law that, in the absence of any stipulation to the contrary, a carrier's liability for loss of goods is measured by the market value of the lost goods at the port of destination on the date when they should have arrived. St. Johns N. F. Shipping Corp. v. Companhia Geral, etc., 263 U.S. 119, 44 S.Ct. 30, 68 L. Ed. 201. This is just. Had the contract for transportation...

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