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TOSHIBA INTERN. CORP. v. M/V SEA-LAND EXPRESS

No. 91 Civ. 8609 (PNL).

841 F.Supp. 123 (1994)

TOSHIBA INTERNATIONAL CORP., Plaintiff, v. M/V "SEA-LAND EXPRESS," her engines, boilers, etc., Sea-Land Service, Reynolds Leasing Corp., and Burlington Northern Railroad Company, Defendants.

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

January 10, 1994.

Attorney(s) appearing for the Case

Bigham Englar Jones & Houston, New York City (John E. Cone, Michael K. Rappaport, of counsel), for plaintiff.

Haight, Gardner, Poor & Havens, New York City (Chester D. Hooper, A. Andrew Tsukamoto, of counsel), for defendants Sea-Land Service, Inc. and Reynolds Leasing Corp.

Gutterman & Carcich, New York City (Barry N. Gutterman, of counsel), for defendant Burlington Northern R. Co.

OPINION AND ORDER

Findings of Fact and Conclusions of Law.

LEVAL, Circuit Judge.*

Toshiba International Corp. brings action against Sea-Land Service, an ocean carrier, and Burlington Northern Railroad Company, a rail carrier, for damage in the amount of approximately $272,000 sustained by cargo in transit. Trial has been submitted on a written record on the question whether the $500

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