Legal Opinion

Insurance Company of North America v. Ozean/stinnes-Linien and the M/v Wurttemberg

Court of Appeals for the Fifth Circuit

Decided October 11, 1966No. 22995PublishedCited by 14 opinions

1Opinion of the Court

RIVES, Circuit Judge.

This is a libel in personam by Insurance Company of North America as the subrogee of a Swiss shipper and a German consignee of a cargo of acetate tow (cigarette filter material) shipped from Savannah, Georgia, to Bremen, Germany in 1962. The libel is against the German association which issued the ocean bill of lading under which the cargo was shipped. The libel claims damages totaling $22,000 for odor contamination of the cargo in shipment.

The respondent denies liability, alleging that the contamination was the result of hurricane weather encountered by the vessel, which…

2Cases cited6 opinions

  1. Scarano v. Central R. Co. Of New JerseyCourt of Appeals for the Third Circuit · 1953
  2. Wm. H. Muller & Co., Inc. v. Swedish American Line Ltd. And Transatlantic Steamship Company, Ltd.Court of Appeals for the Second Circuit · 1955
  3. Carbon Black Export, Inc. v. The Ss Monrosa, Her Engines, Tackle, Etc., and Navigazione Alta ItaliaCourt of Appeals for the Fifth Circuit · 1958
  4. Livesay Industries, Inc. v. Livesay Window Co., IncCourt of Appeals for the Fifth Circuit · 1953
  5. Texas Co. v. Gulf Refining Co.Court of Appeals for the Fifth Circuit · 1928

1 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Reyno v. Piper Aircraft Co.Court of Appeals for the Third Circuit · 1980
  2. Horizon Aggressive Growth, L.P. v. Rothstein-Kass, P.A.Court of Appeals for the Eleventh Circuit · 2005
  3. Bruce A. Bailey, as Special Administrator for the Estate of Joseph Roman Buenaflor, Deceased v. Dolphin International, Inc.Court of Appeals for the Fifth Circuit · 1983
  4. Gertrude Baumgart v. Fairchild Aircraft Corporation and Swearingen Aviation CorporationCourt of Appeals for the Fifth Circuit · 1993
  5. Delgado v. Shell Oil Co.District Court, S.D. Texas · 1995

9 more not listed; retrieve them via the Exa API.

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