Encyclopaedia Britannica, Inc. v. Ss Hong Kong Producer, Her Engines, Etc., and Universal Marine Corporation

I

It is unlikely that, except for the district judge, who in the course of his careful opinion never once mentioned COGSA, anyone will be more astonished at the majority opinion in this case than the appellant who in a forty-nine page brief addressed two pages to. an almost 'pro forma argument on COGSA.

I suppose that nobody would deny that a carrier and a shipper can agree that cargo is to be stowed on deck. Not only has some cargo always been carried in this way, see Davidson v. Flood Bros., 30 F.2d 279 (9th Cir.), cert. denied, 279 U.S. 853, 49 S.Ct. 348, 73 L.Ed. 996 (1929); The Peter…