Legal Opinion
GAF (Osterreich) GmbH v. Dart Containerline Co.
District Court, D. New Jersey
Decided August 12, 1981No. Civ. A. No. 80-709PublishedCited by 3 opinions
1Opinion of the Court
OPINION
WHIPPLE, Senior District Judge.
This is an action for damages by a shipper against a carrier of goods. The defendants, Dart Containerline Co., Ltd. and Dart Containerline, Inc., seek partial summary judgment limiting their potential liability for cargo damage and loss to a maximum of $500.00 per package as provided by 46 U.S.C. § 1304(5).1 Plaintiff in its cross motion seeks to strike the affirmative defenses asserting defendants’ limited liability.
The facts are undisputed. The cargo, the damage to which is the subject of this litigation, consisted of 75 drums of a plant regulator, with…
2Cases cited1 opinion
- Croft & Scully Co. v. M/V SKULPTOR VUCHETICHDistrict Court, S.D. Texas · 1981
3Cited by3 opinions
- Mori Seiki USA, Inc. v. M.V. Alligator TriumphCourt of Appeals for the Ninth Circuit · 1993
- Mori Seiki Usa, Inc. v. M.V. Alligator TriumphCourt of Appeals for the Ninth Circuit · 1993
- Underwriters at Interest Under Bailee Insurance Policy No. 09RTAMIA1158 v. Seatruck, Inc.District Court, S.D. Florida · 2012