# Providence Washington Ins. v. Bradley Fertilizer Co.

> District Court, D. Rhode Island · February 13, 1888 · 33 F. 685

URL: https://www.frixlaw.com/law-library/cases/8311112

## Case

- **Full name:** Providence Washington Ins. Co. v. Bradley Fertilizer Co.
- **Court:** District Court, D. Rhode Island
- **Decided:** February 13, 1888
- **Citations:** 33 F. 685; 1888 U.S. Dist. LEXIS 7
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Carpenter
- **Judges:** Carpenter
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/8311112

## Opinion text

Carpenter, J.
I shall not refer to the evidence further than to say that I find as a fact, for the purposes of this case, that there is a custom in the trade to carry oil in barrels on deck, in coasting voyages, when the under-deck cargo consists of fish-scrap, and that the defendant is chargeable with knowledge of this custom. The question, then, is whether the existence of this custom is to be held to impose a liability to contribute on the under-deck cargo. After mature consideration I am *687 satisfied that it cannot be so held. I see no consideration moving to the shippers of the under-deck cargo which could furnish an equitable ground for the imposition of increased liability on them. Where a custom-exists, as in this case, to-carry a particular kind of goods on deck under particular circumstances I think the shippers of under-deck cargo might be so far affected as that they could not maintain any claim for the increased risk resulting from such shipment. But I can see no reason why their rights and liabilities should be otherwise affected. There will be a decree dismissing the libel, with costs.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8311112. Public record. Not legal advice.