Fmc Corporation v. S.S. Marjorie Lykes, Her Engines, Tackles, Appurtenances, Etc., and Lykes Bros. Steamship Co., Inc.

GEORGE C. PRATT, Circuit Judge:

In October 1982 FMC Corporation (“FMC”) shipped 30 small fire engines from Erie, Pennsylvania to Alexandria, Egypt on the S.S. MARJORIE LYKES, under an agreement with the Lykes Brothers Steamship Company (“Lykes”). As the fire engines were being unloaded Lykes dropped one engine onto two others, destroying all three. FMC replaced the three fire engines at a total cost of $165,254.10 and commenced this action seeking damages under the Carriage of Goods by Sea Act (“COGSA”). 46 U.S.CApp. § 1300 et seq.

After a bench trial, the district court found Lykes liable for…