WESTINGHOUSE ELEC. CORP. v. M/V LESLIE LYKES

No. 82-3128.

734 F.2d 199 (1984)

WESTINGHOUSE ELECTRIC CORPORATION, et al., Plaintiffs-Appellees Cross-Appellants, v. M/V "LESLIE LYKES", etc., Defendant, Lykes Bros. Steamship Co., Inc., Defendant-Appellant Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied July 13, 1984.


Attorney(s) appearing for the Case

Terriberry, Carroll, Yancey & Farrell, Alfred M. Farrell, Jr., New Orleans, La., for defendant-appellant, cross-appellee.

Bigham, Englar, Jones & Houston, James H. Simonson, New York City, Montgomery, Barnett, Brown & Read, Henry J. Read, New Orleans, La., for plaintiffs-appellees, cross-appellants.

Before BROWN, WISDOM and JOHNSON, Circuit Judges.


Rehearing and Rehearing En Banc Denied July 13, 1984.

JOHN R. BROWN, Circuit Judge:

This is a suit by a shipper of cargo against an ocean carrier for damage to cargo resulting from a fire aboard ship. One issue concerns the effect of an unseaworthy condition on the burden of proof in a carrier's defense under the Fire Statute, 46 U.S.C. § 182, which requires that the fire be caused by the "design or neglect" of the owner, and under the Carriage of Goods...

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