Document Type

Article

Publication Date

3-12-1987

Abstract

Plaintiff-appellant English Electric Valve Co., Ltd. ("EEV") appeals from a judgment of the United States District Court for the Southern District of New York (Lasker, J.), after a non-jury trial, in favor of defendant-appellee Westwood Shipping Lines ("Westwood"). Judge Lasker ruled that EEV failed to establish a prima facie case under the Carriage of Goods by Sea Act ("COGSA"), 46 U.S.C. §§ 1300-1315 (1982 & Supp.1983), because it failed to establish that the cargo was damaged while in defendant carrier's custody. Furthermore, Judge Lasker ruled that had EEV stated a COGSA claim, COGSA's $500.00 per package liability limitation, 46 U.S.C. § 1304(5), would apply.Because it is now apparent that Westwood retained custody of the cargo from the time of its discharge from the ship throughout its storage on the quay, and because the water damage necessarily occurred during the ocean voyage or the storage period, we reverse the judgment of the district court and remand for judgment in the amount of $2,500.00 to be entered for appellant.

Comments

814 F.2d 84 (1987)

ENGLISH ELECTRIC VALVE CO., LTD., Plaintiff-Appellant, v. M/V HOEGH MALLARD, her engines, tackle and boilers, etc., Westwood Shipping Lines; Alliance Skibs A/S; and Lief Hoegh & Co., A/S, Defendants. Westwood Shipping Lines, Defendant-Appellee.

No. 390, Docket 86-7584.

United States Court of Appeals, Second Circuit.

Argued December 4, 1986.

Decided March 12, 1987.

New York Law School location: File #292, Box #119

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