BINLADEN BSB LANDSCAPING v. M.V. NEDLLOYD ROTTERDAM

No. 463, Docket 84-7710.

759 F.2d 1006 (1985)

BINLADEN BSB LANDSCAPING, Plaintiff-Appellee, v. M.V. "NEDLLOYD ROTTERDAM", HER ENGINES, BOILERS, ETC., NEDLLOYD LIJNEN B.V. (NEDLLOYD LINES), Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided April 3, 1985.


Attorney(s) appearing for the Case

J. Scot Provan, New York City (Richard H. Sommer, Arthur E. Hoffmann, Jr., Esq., Kirlin, Campbell & Keating, New York City, of counsel), for defendant-appellant.

John E. Cone, Jr., New York City (William R. Connor III, Helen M. Benzie, Lawrence B. Brennan, Bigham Englar Jones & Houston, New York City, of counsel), for plaintiff-appellee.

Before MANSFIELD, OAKES and NEWMAN, Circuit Judges.


MANSFIELD, Circuit Judge:

We are once again called upon to interpret § 4(5) of the Carriage of Goods by Sea Act, 46 U.S.C. § 1304(5) (1982) ("COGSA" or "the Act"), which limits the carrier's and ship's liability to "$500 per package ..., or in case of goods not shipped in packages, per customary freight unit," unless the shipper explicitly declares a higher value. Appellant here, a Netherlands ocean carrier, appeals from a judgment of the Southern District...

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