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THE SOUTHWARK

No. 12.

191 U.S. 1 (1903)

24 S.Ct. 1

48 L.Ed. 65

THE SOUTHWARK.

Supreme Court of United States.

Decided October 19, 1903.

Attorney(s) appearing for the Case

Mr. John F. Lewis, with whom Mr. H.L. Cheney was on the brief, for the petitioners.

Mr. N. Dubois Miller, with whom Mr. Howard H. Yocum, Mr. J. Rodman Paul and Messrs. Biddle & Ward were on the brief, for appellee.

MR. JUSTICE DAY, after making the foregoing statement, delivered the opinion of the court.

Before the passage of the act of Congress of February 13, 1893, 27 Stat. 445, c. 105; 3 Comp. Stat. U.S. 2946, known as the Harter Act, it was the settled law of this court that, in the absence of special contract, there was a warranty upon the part of the ship owner that the ship was seaworthy at the beginning of her voyage. The warranty...

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