Legal Opinion

Cooper v. Pinedo. The Zesta

Court of Appeals for the Fifth Circuit

Decided April 15, 1954No. 14580PublishedCited by 9 opinions

1Opinion of the Court

RIVES, Circuit Judge.

This admiralty libel in rem was brought by the sub-charterers of the M/V “Zesta” against its owners to recover damages to a cargo of bananas, it being alleged that the loss resulted by reason of the vessel’s unseaworthiness, her unfitness to carry the cargo, and the negligence of her master and crew. 1 At the trial it was agreed that the issue of liability should be governed by the terms of the original charter party, which consisted of a printed form with inserted typewritten provisions for delivery of the vessel “in a seaworthy condition, * * * the refrigeration to be…

2Cases cited14 opinions

  1. Commercial Molasses Corp. v. New York Tank Barge Corp.Supreme Court of the United States · 1941
  2. Waterman S. S. Corp. v. United States Smelting, Refining & Mining Co.Court of Appeals for the Fifth Circuit · 1946
  3. C. J. Dick Towing Co. v. The Leo Commercial Petroleum & Transport Co. v. Texas Co. The DispatchCourt of Appeals for the Fifth Circuit · 1953
  4. The Framlington CourtCourt of Appeals for the Fifth Circuit · 1934
  5. Coyle Lines, Inc. v. United States. United States v. Coyle Lines, IncCourt of Appeals for the Fifth Circuit · 1952

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3Cited by9 opinions

  1. Terral River Svc v. S C F MrneCourt of Appeals for the Fifth Circuit · 2021
  2. Heinrich C. Horn, of the M/s Heinz Horn v. Cia De Navegacion Fruco, S.A. And J. R. Atkins, D/B/A Alabama Fruit and Produce Companu, Cia De Navegacion Fruco, S.A. And J. R. Atkins, D/B/A Albama Fruit and Produce Company v. Heinrich C. Horn, of the M/s Heinz HornCourt of Appeals for the Fifth Circuit · 1969
  3. Horn v. Cia de Navegacion FrucoCourt of Appeals for the Fifth Circuit · 1968
  4. Ionion Steamship Company of Athens v. United Distillers of America, IncCourt of Appeals for the Fifth Circuit · 1956
  5. Orient Mid-East Lines, Inc. v. Shipment of RiceCourt of Appeals for the Fifth Circuit · 1974

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