McKinlay v. Morrish
62 U.S. 343

Annotate this Case

U.S. Supreme Court

McKinlay v. Morrish, 62 U.S. 21 How. 343 343 (1858)

McKinlay v. Morrish

62 U.S. (21 How.) 343

Syllabus

The rules of pleading in admiralty must be strictly complied with. The evidence and arguments confined to the points put in issue by the allegations of the libel and denial of the answer.

Where the allegation of a libel was that a cargo of soap had been injured by bad stowage, and by negligence of the captain that he had allowed the seams of the deck to be in an open and leaking condition, by which water had passed through them upon the soap, the evidence shows that the cargo was not injured by bad stowage or leaking from the deck.

The injury to the cargo was caused by the sweat of the ship, her rocking, the nature of the compound of soap, and its long agitation in the boxes, to which it had been subjected in a boisterous passage.

The rule is well established that a consignee may sue in a court of admiralty, either in his own name, as agent, or in the name of his principal, as he thinks best.

Page 62 U. S. 344

The facts of the case are stated in the opinion of the Court.

Page 62 U. S. 345

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