Legal Opinion
Emmco Insurance Company v. Wallenius Caribbean Line, S.A., Defendant-Third Party v. Gulfstream Shipping Corporation, Third Party
Court of Appeals for the Third Circuit
Decided April 12, 1974No. 73-1895PublishedCited by 46 opinions
1Opinion of the Court
TUTTLE, Circuit Judge:
This is a suit for damages for breach of contract by the insurer, Emmco Insurance Company, who has been subrogated to the rights of the consignee, Quality Sales Corporation (Quality), against the carrier, Wallenius Caribbean Line (WCL). 1
The district court held under the Carriage of Goods by Sea Act, 46 U.S.C.A. § 1300 et seq., that the plaintiff had failed to carry its burden of proof (1) on liability, by failing to demonstrate that the partial thawing of the cargo resulted in spoilage and unmarketability, and (2) if liability was proven, of establishing the amount of…
2Cases cited19 opinions
- United States v. United States Gypsum Co.Supreme Court of the United States · 1948
- Sharp v. United StatesSupreme Court of the United States · 1903
- Galena Oaks Corporation v. Frank Scofield, Collector of Internal RevenueCourt of Appeals for the Fifth Circuit · 1954
- W. F. Chaney v. City of Galveston, Earl J. Smith & Co., Inc. v. City of GalvestonCourt of Appeals for the Fifth Circuit · 1966
- Ricardo Fotys Caradelis v. Refineria Panama, S. A.Court of Appeals for the Fifth Circuit · 1967
14 more not listed; retrieve them via the Exa API.
3Cited by46 opinions
- Ingersoll Milling Machine Co. v. M/V BodenaCourt of Appeals for the Second Circuit · 1987
- John L. Broadway v. City of Montgomery, AlabamaCourt of Appeals for the Fifth Circuit · 1976
- Frink v. StateAlaska Supreme Court · 1979
- Caemint Food, Inc. v. Lloyd Brasileiro, Companhia De NavegacaoCourt of Appeals for the Second Circuit · 1981
- Morrison Grain Company, Inc., a Corporation v. Utica Mutual Insurance Company, a CorporationCourt of Appeals for the Fifth Circuit · 1980
41 more not listed; retrieve them via the Exa API.