Berkshire Knitting Mills v. Moore-McCormack Lines, Inc.

PALMIERI, District Judge.

This is a cargo damage action in which the libellant seeks partial summary judgment striking the partial defense in which respondent asserts that its liability, if any, is statutorily limited to an amount that may not exceed $500.00.

The pertinent undisputed facts are the following. Libellant engaged a trucker to haul two hosiery knitting machines, packed in four large wooden cases, to the respondent’s pier in Philadelphia whence they were to be shipped on one of respondent’s vessels to Buenos Aires. One of these wooden cases is the subject matter of this action. It…