Legal Opinion
Westinghouse Electric Corporation, Cross-Appellants v. M/v "Leslie Lykes", Etc., Lykes Bros. Steamship Co., Inc., Cross-Appellee
Court of Appeals for the Fifth Circuit
Decided June 14, 1984No. 82-3128PublishedCited by 18 opinions
1Opinion of the Court
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 By Sea Act, 46 U.S.C. § 1304(2)(b). After a traditional bench trial, the District Court held that the carrier was not entitled to the exoneration provided by the Fire Statute, because it found the…
2Cases cited40 opinions
- Providence & New York Steamship Co. v. Hill Manufacturing Co.Supreme Court of the United States · 1883
- Farrell Lines Inc. v. JonesCourt of Appeals for the Fifth Circuit · 1976
- Craig v. Continental InsuranceSupreme Court of the United States · 1891
- American Tobacco Co. v. The Katingo HadjipateraCourt of Appeals for the Second Circuit · 1952
- Earle & Stoddart, Inc. v. Ellerman's Wilson Line, Ltd.Supreme Court of the United States · 1932
35 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Universal American Barge Corp. v. J-Chem, Inc., J-Chem, Inc., Etc., Degesch America, Inc., and Fumigators, Inc.Court of Appeals for the Fifth Circuit · 1992
- Damodar Bulk Carriers, Ltd. v. Damodar TanabeCourt of Appeals for the Ninth Circuit · 1990
- Hale Container Line, Inc. v. Houston Sea Packing Co.Court of Appeals for the Eleventh Circuit · 1998
- Crisis Transportation Company v. M/v Erlangen Express, Her Engines, Tackle, Etc.Court of Appeals for the Fifth Circuit · 1986
- Klingler v. Yamaha Motor Corp., U.S.A.District Court, E.D. Pennsylvania · 1990
13 more not listed; retrieve them via the Exa API.