KREBS PIGMENT & CHEMICAL CO. v. SHERIDAN

No. 169.

12 F.Supp. 254 (1934)

KREBS PIGMENT & CHEMICAL CO. v. SHERIDAN.

District Court, E. D. Pennsylvania.

June 5, 1934.


Attorney(s) appearing for the Case

Rawle & Henderson, of Philadelphia, Pa., for libelant.

Shields, Clark, Brown & McCown, of Philadelphia, Pa., for respondent.


DICKINSON, District Judge.

The respondents should have judgment in their favor.

Discussion.

It is helpful to have in mind the doctrines of the law maritime in the light of which the fact situation presented should be viewed. The Charter Party contract is one of carriage. In all jurisdictions an action for damages for failure to perform is based on a finding of negligence. Nonperformance will support such finding. This is because in the ordinary course...

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