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KANE INTERN. CORP. v. MV HELLENIC WAVE

Nos. 78 Civ. 3235 (GLG), 78 Civ. 4396 (GLG).

468 F.Supp. 1282 (1979)

KANE INTERNATIONAL CORPORATION, Plaintiff, v. MV HELLENIC WAVE, her engines, boilers, etc., v. UNIVERSAL CARGO CARRIERS, INC. and Hellenic Lines Limited, Defendants. SPRAGUE & RHODES, INC., Plaintiff, v. S.S. HELLENIC WAVE, her engines, boilers, etc., and Hellenic Lines, Limited, Defendants.

United States District Court, S. D. New York.

April 23, 1979.

Attorney(s) appearing for the Case

Bigham, Englar, Jones & Houston, New York City, for plaintiff in Action No. 1; by John E. Cone, William R. Connor III, New York City, of counsel.

Haight, Gardner, Poor & Havens, New York City, for defendants; by M. E. DeOrchis, Chester D. Hooper, Manuel R. Llorca, New York City, of counsel.

Hill, Rivkins, Carey, Loesberg & O'Brien, New York City, for plaintiff in Action No. 2; by Marin B. Mulroy, New York City, of counsel.

OPINION

GOETTEL, District Judge:

Among the issues that are not capable of precise judicial determination, the question of how bad a storm must be before it constitutes "heavy weather" has to be one of the worst. Once found "heavy," of course, the weather is a "peril of the sea" that excuses a shipowner's liability for cargo damage. The problem is much like the one posed by the ancient riddle which asks "how high is up?" Long ago one court responded:

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