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DELAWARE STEEL COMPANY v. CALMAR STEAMSHIP CORPORATION

No. 16185.

378 F.2d 386 (1967)

DELAWARE STEEL COMPANY, Appellant, v. CALMAR STEAMSHIP CORPORATION and SS SEAMAR, Her Engines, Boilers, Tackle, Apparel, etc.

United States Court of Appeals Third Circuit.

Decided May 8, 1967.

Attorney(s) appearing for the Case

Joseph G. Manta, Philadelphia, Pa. (Ronald C. Scott, LaBrum & Doak, Philadelphia, Pa., on the brief), for appellant.

James F. Young, Philadelphia, Pa. (Krusen, Evans & Byrne, Philadelphia, Pa., on the brief), for appellee.

Before BIGGS, HASTIE and FORMAN, Circuit Judges.

OPINION OF THE COURT

HASTIE, Circuit Judge.

The libellant, Delaware Steel Co., shipped a quantity of steel from Philadelphia to Long Beach, California, via the respondent's steamship Seamar. Claiming that this shipment had been damaged in transit, Delaware instituted this libel against the ocean carrier. The defense was failure of the libellant to comply with clause 22 of the bill of lading, which reads in part as follows:

"22. Written notice of...

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