Legal Opinion

Sommer Corporation, Cross-Appellant v. Panama Canal Company, Cross-Appellee

Court of Appeals for the Fifth Circuit

Decided March 5, 1973No. 71-3379PublishedCited by 18 opinions

1Opinion of the Court

JOHN R. BROWN, Chief Judge:

What this case presents is whether the failure of a nominal shipper to pay an additional $6.88 for Trans-Isthmian handling charges on equipment directly destined to a Panama Canal Company construction contract limits Canal Company’s liability for cargo damage to less than the full stipulated loss of $9,610.85. For reasons peculiar to the relationship involved we answer in the negative and affirm with modification.

Sommer Corporation brought an admiralty action in personam against the Panama Canal Company for cargo damage arising during the shipment of three packages…

2Cases cited37 opinions

  1. United States v. Western Pacific RailroadSupreme Court of the United States · 1956
  2. Adams Express Company v. CroningerSupreme Court of the United States · 1912
  3. Hart v. Pennsylvania RailroadSupreme Court of the United States · 1884
  4. Kansas City Southern Railway Co. v. CarlSupreme Court of the United States · 1913
  5. Boston & Maine Railroad v. HookerSupreme Court of the United States · 1914

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

3Cited by18 opinions

  1. Quincy Lairsey and Frances Lairsey v. The Advance Abrasives CompanyCourt of Appeals for the Fifth Circuit · 1976
  2. Tessler Brothers (b.c.) Ltd. v. Italpacific Line and Matson Terminals, Inc.Court of Appeals for the Ninth Circuit · 1974
  3. Elaine L. Klicker and Robert A. Klicker v. Northwest Airlines, Inc.Court of Appeals for the Ninth Circuit · 1977
  4. Ferrostaal, Inc. v. M/V Sea PhoenixCourt of Appeals for the Third Circuit · 2006
  5. Gilbert Imported Hardwoods, Inc. v. 245 Packages of Guatambu SquaresCourt of Appeals for the Fifth Circuit · 1975

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API