PANNELL v. UNITED STATES LINES COMPANY

No. 31, Docket 25040.

263 F.2d 497 (1959)

Peter PANNELL, Libelant-Appellee, v. UNITED STATES LINES COMPANY, Respondent-Appellant.

United States Court of Appeals Second Circuit.

Decided January 28, 1959.


Attorney(s) appearing for the Case

Kirlin, Campbell & Keating, New York City, for respondent-appellant, L. de Grove Potter and Richard H. Sommer, New York City, of counsel.

Hill, Rivkins, Middleton, Louis & Warburton, New York City, for libelant-appellee, David L. Maloof, New York City, of counsel.

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


SWAN, Circuit Judge.

This is an appeal from an interlocutory decree for libelant in a suit to recover cargo damage. The damaged cargo was a yacht shipped from London to New York on the deck of respondent's S.S. American Flyer in May 1953. In unloading the yacht it sustained damage through fault of the carrier. The latter concedes its responsibility but maintains that its liability is limited to $500 by the terms of the contract of carriage. The District Court held...

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