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JOHN DEERE & COMPANY v. MISSISSIPPI SHIPPING CO.

No. 2970.

170 F.Supp. 479 (1959)

JOHN DEERE & COMPANY, Libellant, v. MISSISSIPPI SHIPPING CO., Inc., Respondent.

United States District Court E. D. Louisiana, New Orleans Division.

January 20, 1959.

Attorney(s) appearing for the Case

Montgomery, Barnett, Brown & Read, Henry J. Read, New Orleans, La., for libellant.

Terriberry, Rault, Carroll, Martinez & Yancey, Benjamin W. Yancey, New Orleans, La., for respondent.

J. SKELLY WRIGHT, District Judge.

Libellant in this case is a shipper who seeks to recover for damage to a shipment consisting of one boxed tractor and two tractor wheels. The damage occurred on October 13, 1953 while the tractor was being loaded on the respondent carrier's vessel. Owing to a defect in the ship's tackle, the tractor was dropped some forty feet into the lower hold. In its stipulation of facts the carrier admits liability for the resulting damage. The...

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