SMYTHGREYHOUND v. M/V "EURYGENES"

No. 22 Docket 80-7809.

666 F.2d 746 (1981)

SMYTHGREYHOUND, A division of Golden Cycle Transportation Corp., et al., Plaintiffs-Appellants, v. M/V "EURYGENES," her engines, boilers, etc. and Compania Maritima San Basilio, S.A., P.D. Marchessini & Co. (New York) Inc. and Marchessini Lines, Defendants-Appellees. TRANSATLANTIC MARINE CLAIMS AGENCY INC., Vittoria Assicurazioni, S.P.A., The Agricurazioni Assicurazioni, The Compahnia Italiana Di Sicurata La Pace Assicurazioni E. Riassicurazioni S.P.A. Plaintiffs-Appellants, v. M/V "EURYGENES," her engines, boilers, etc. and Compania Maritima San Basilio, S.A., P.D. Marchessini & Co. (New York) Inc. and Marchessini Lines, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided November 18, 1981.


Attorney(s) appearing for the Case

James H. Simonson, New York City (Bigham, Englar, Jones & Houston), New York City, for plaintiffs-appellants Universal Electric Merchandise Co. and KOA Fire and Marine Insurance Co.

Alan Van Praag, New York City (Poles, Tublin, Patestides & Stratakis, Theodore P. Daly, New York City, of counsel), for defendants-appellees.

Before OAKES and MESKILL, Circuit Judges, and BLUMENFELD, Senior District Judge.


BLUMENFELD, Senior District Judge:

This appeal from a judgment of the District Court for the Southern District of New York limiting damages to $500 per container again confronts us with the interpretation of the term "package" as used in section 4(5) of the Carriage of Goods by Sea Act (COGSA), 46 U.S.C. § 1304(5). This provides in pertinent part:

Neither the carrier nor the ship shall in any event be or become...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases