Ogden v. Parsons - 64 U.S. 167 (1859)


U.S. Supreme Court

Ogden v. Parsons, 64 U.S. 23 How. 167 167 (1859)

Ogden v. Parsons

64 U.S. (23 How.) 167

Syllabus

Where a charter party stipulated that a vessel should receive a full cargo, the opinions of experts are the best criteria of how deeply she can be loaded with safety to the lives of the passengers.

Page 64 U. S. 168

Parsons and the other appellees were the owners of the ship Hemisphere, and a charter party was executed between their agents and Ogden, the terms of which, together with the other facts of the case, are summarily stated in the opinion of the Court.

The libel was filed in the district court praying for a writ with a clause of foreign attachment. The writ was accordingly issued against Ogden, commanding the marshal to take his person; if not found, then to take his goods and chattels; if none found, then to attach his credits in the hands of garnishees.

Ogden appeared and the case proceeded through the district and circuit courts in the manner stated in the opinion of the Court. From the decree of the circuit court, Ogden appealed.



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