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GULF ITALIA COMPANY v. AMERICAN EXPORT LINES, INC.

No. 29, Docket 25066.

263 F.2d 135 (1959)

GULF ITALIA COMPANY, Libellant-Appellee, v. AMERICAN EXPORT LINES, INC., Respondent-Appellant.

United States Court of Appeals Second Circuit.

Decided January 28, 1959.

Attorney(s) appearing for the Case

Haight, Gardner, Poor & Havens, New York City, Proctors for Appellant. Kenneth Gardner and M. E. De Orchis, New York City, of counsel.

Burlingham, Hupper & Kennedy, New York City, Proctors for Appellee. Eugene Underwood and Herbert M. Lord, New York City, of counsel.

Before SWAN and MOORE, Circuit Judges, and IRVING R. KAUFMAN, District Judge.

SWAN, Circuit Judge.

The libellant filed a libel in admiralty against American Export Lines, Inc., to recover for damage to a caterpillar tractor which was carried on respondent's steamship Exiria from New York to Palermo in August 1954. The tractor was damaged while being unloaded. Respondent conceded responsibility but maintained that its liability is limited by the $500. limit-of-value provision in § 1304(5), and a similar provision in the bill of lading....

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