Federal Ins. v. American Export Lines, Inc.

WEINFELD, District Judge.

Respondent excepts to the libel as time-barred by the Carriage of Goods by Sea Act, 46 U.S.C.A. § 1303(6), and the bill of lading covering the shipment, both of which provide for the discharge of the carrier and the ship-from all liability “in respect of loss or damage unless suit is brought within one year after delivery of the goods or the date when the goods ■should have been delivered”. The delivery date of the goods was September 7th, 1949, at Leghorn, Italy; the libel was filed, and the citation was served upon respondent, on November 1st, 1951.

To overcome the…