BERKSHIRE KNITTING MILLS v. MOORE-McCORMACK LINES, INC.

No. 62 Ad. 936.

265 F.Supp. 846 (1965)

BERKSHIRE KNITTING MILLS, Libellant, v. MOORE-McCORMACK LINES, INC., Respondent.

United States District Court S. D. New York.

October 7, 1965.


Attorney(s) appearing for the Case

Crowell, Rouse & Varian, New York City, for libellant, Francis J. Larkin, New York City, of counsel.

Burlingham, Underwood, Barron, Wright & White, New York City, for respondent, John S. Rogers, New York City, of counsel.


PALMIERI, District Judge.

This is a cargo damage action in which the libellant seeks partial summary judgment striking the partial defense in which respondent asserts that its liability, if any, is statutorily limited to an amount that may not exceed $500.00.

The pertinent undisputed facts are the following. Libellant engaged a trucker to haul two hosiery knitting machines, packed in four large wooden cases, to...

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