MILES METAL CORPORATION v. M. S. HAVJO

No. 546, Docket 73-2243.

494 F.2d 563 (1974)

MILES METAL CORPORATION, Plaintiff-Appellant, v. M. S. HAVJO, her engines, etc., and A/S Havbor (Meyer Line), Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided March 28, 1974.


Attorney(s) appearing for the Case

John T. Kochendorfer, New York City (Bigham, Englar, Jones & Houston, New York City, on the brief), for appellant.

Albert S. Commette, New York City (Commette, Quencer & Annunziato, New York City, on the brief), for appellee.

Before LUMBARD, FRIENDLY, and TIMBERS, Circuit Judges.


LUMBARD, Circuit Judge:

Plaintiff appeals from a judgment of the Southern District of New York, limiting to $500 its recovery for the loss of a shipment of goods that was to be carried by defendant from New York to Rotterdam aboard the M.S. "Havjo." We reverse.

On July 2, 1969, the Miles Metal Corporation delivered to the defendant steamship line, A/S Havbor, for carriage aboard the M.S. "Havjo", a pallet consisting of twenty boxes containing cadmium metal...

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