Legal Opinion

F. J. Walker, Limited, Orleans International, Inc. v. The Motor Vessel "Lemoncore," Her Engines, Etc., Defendants

Court of Appeals for the Fifth Circuit

Decided November 28, 1977No. 75-2066PublishedCited by 42 opinions

1Opinion of the Court

CHARLES CLARK, Circuit Judge:

This action is founded upon admiralty and diversity jurisdiction. Part of a shipment of frozen meat thawed and spoiled during unloading and delivery. The consignees sued to recover their damages from the carrier of the cargo, the stevedore which unloaded the ship, and the warehouseman who received part of the shipment. The carrier denied liability but sought indemnity from the stevedore. We affirm the district court’s holding that the Harter Act, 46 U.S.C.A. §§ 190 et seq., renders the carrier liable to the consignees for the damages to the cargo, but we remand…

2Cases cited30 opinions

  1. Ryan Stevedoring Co. v. Pan-Atlantic Steamship Corp.Supreme Court of the United States · 1956
  2. Weyerhaeuser Steamship Co. v. Nacirema Operating Co.Supreme Court of the United States · 1958
  3. Illinois Central Railroad v. CrailSupreme Court of the United States · 1930
  4. Constable v. National Steamship Co.Supreme Court of the United States · 1894
  5. Calderon v. Atlas Steamship Co.Supreme Court of the United States · 1898

25 more not listed; retrieve them via the Exa API.

3Cited by42 opinions

  1. Agrico Chemical Company v. M/v Ben W. Martin (Ex: M/v Greenville), Etc., Defendants-Third-Party v. Brent Towing Co., Inc., Third-PartyCourt of Appeals for the Third Circuit · 1981
  2. Servicios-Expoarma, C.A., and Orimpex-Zona Ind. Del Este v. Industrial Maritime Carriers, Inc.Court of Appeals for the Fifth Circuit · 1998
  3. Allstate Insurance Company, a Corporation and Delta Overseas, Inc., a Corporation v. Imparca Lines, a Foreign CorporationCourt of Appeals for the Fifth Circuit · 1981
  4. Metropolitan Wholesale Supply, Inc. v. M/V Royal RainbowCourt of Appeals for the Fifth Circuit · 1994
  5. Tapco Nigeria, Ltd. v. M/v Westwind, Etc.Court of Appeals for the Fifth Circuit · 1983

37 more not listed; retrieve them via the Exa API.

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