The Federal Reporter with Key-Number Annotations, Volume 256: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States, May-July, 1919. Page: 62
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256 FDERAjL REPO4ER
8 o'clock on Monday morning, the 27th, from Cape Charles, and ar-
rived off Bayford at about 10:30. Wind and weather conditions were
propitious for the voyage, and no trouble was encountered until ar-
riving off Bayford, when the vessel came to a standstill, and the mas-
ter in his yawl boat proceeded to the mouth of the creek, which it is
necessary to enter with a view of sounding to see if he could safely gp
in. Meantime the vessel was left adrift with a man on board, and
upon the master's return the schooner had gone aground, and he was
unable to float her until that night about 10:30, when he anchored in
deep water, and during the night, about 3 o'clock in thy morning, a
violent storm came up, driving the Robbins ashore, and her cargo was
either damaged or lost, with the exception of about 12 tons, and this
suit is to recover for such' loss.
The libelant especially charges that the Robbins was unseaworthy
at the beginning of the voyage, as was unknown to the libelant, and that
said cargo was negligently, wrongfully, and improperly stowed by the
respondents upon said vessel.
The court has given much consideration to this case, and its conclu-
sion. is that the evidence does not establish the unseaworthiness of the
vessel at the beginning of the voyage, nor does it show that there
was any negligence either in the loading, stowage, or custody of the
goods after their delivery. It is true that the cargo was not loaded
below deck of the vessel, where perhaps it would have been safer from
exposure to rain or storm; but those conditions did not enter es-
pecially into this disaster, and the fact that the cargo was loaded on
deck in no manner, in the opinion of the court, affected the loss, as it
would have been quite as seriously damaged in the hold, and probably
more so, than upon deck.
Under the provisions of the act of Congress of February 13, 1893,
known as the Harter Act (27 Stat. 445, c. 105 [Comp. St. 8029-
8035])-Hughes on Admir. pp. 167, 168-no recovery can be had for
the loss sustained, either as against the vessel or its owners, and a de-
cree may be accordingly entered dismissing the libel.
In re SPANGLER.
(District Court, D. Massachusetts. February 25, 1019.)
BANKRUPTCY =404(2)-FAILURE OF BANKRUPT TO OsTATAI DISCHABQSE-EF-
FECT OF SECOND PROCEEDINGS.
Where a bankrupt failed to obtain a discharge, creditors whose claims
were proved are 'ndt affected by subsequent bankruptcy proceedings
against him, which aff t d no groalndfor a Stay of stlts by thbtn, nor are
such suits barred by his discharge therein.
In Bankruptcy. In the matter of. Harold G. Spangler, bankrupt.
On petition for stay of application for discharge. Denied.
:For other cases see same topic,& KEY-NUWMBE R in all Key'-umbered Digests & Indexes
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The Federal Reporter with Key-Number Annotations, Volume 256: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States, May-July, 1919., legislative document, 1919; Saint Paul, Minnesota. (digital.library.unt.edu/ark:/67531/metadc38827/m1/76/: accessed December 13, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.