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ROYAL TYPE. CO., DIV. LITTON BUS. SYS., INC. v. M/V KULMERLAND

No. 446, Docket 72-2067.

483 F.2d 645 (1973)

ROYAL TYPEWRITER CO., DIVISION LITTON BUSINESS SYSTEMS, INC., Plaintiff-Appellant, v. M/V KULMERLAND, her engines, etc., v. HAMBURG-AMERIKA LINIE, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided August 13, 1973.

Attorney(s) appearing for the Case

F. Herbert Prem, New York City (Bigham, Englar, Jones & Houston, New York City, on the brief), for plaintiff-appellant.

Michael J. Ryan, New York City (Cichanowicz & Callan, New York City, on the brief), for defendant-appellee.

Before KAUFMAN, Chief Judge, and ANDERSON and OAKES, Circuit Judges.

OAKES, Circuit Judge:

This is a suit in admiralty by a consignee to recover damages for the loss of 350 cartons of adding machines shipped in a container. It raises in a somewhat different context from that of previously decided cases the question whether the limitation of $500 damages "per package" in the Carriage of Goods by Sea Act ("COGSA"), 46 U.S.C. §§ 1300, 1304(5), applies only to the overall container itself, thus limiting the carrier's liability...

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