Legal Opinion

Mississippi Shipping Co., Inc., Claimant-Appellant v. Zander and Company, Inc., Libellants-Appellees

Court of Appeals for the Fifth Circuit

Decided November 23, 1959No. 17558_1PublishedCited by 16 opinions

Hutcheson, Circuit Judge, dissented.

1Opinion of the Court

JOHN R. BROWN, Circuit Judge.

This case presents important questions under the Carriage of Goods by Seas Act (Cogsa), 46 U.S.C.A. §§ 1300-1315.1 The principal question is whether cargo damage, in a legal sense, was caused by an “Act, neglect, or default of the master * * * or the servants of the carrier in the navigation or in the management of the ship,” for which liability is excused by Section 4(2) (a) of Cogsa, or *347was “caused by want of due diligence on the part of the carrier to make the ship seaworthy * * * in accordance with the provisions of paragraph (1) of Section 3” for which…

2Cases cited25 opinions

  1. McAllister v. United StatesSupreme Court of the United States · 1954
  2. The SouthwarkSupreme Court of the United States · 1903
  3. International Navigation Co. v. Farr & Bailey Manufacturing Co.Supreme Court of the United States · 1901
  4. The GermanicSupreme Court of the United States · 1905
  5. May v. Hamburg-Amerikanische Packetfahrt AktiengesellschaftSupreme Court of the United States · 1933

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3Cited by16 opinions

  1. James P. Mitchell, Secretary of Labor, United States Department of Labor v. Mitchell Truck Line, Inc.Court of Appeals for the Fifth Circuit · 1961
  2. Waterman Steamship Corporation v. Gay Cottons, United States of America and Shalom Baby WearCourt of Appeals for the Ninth Circuit · 1969
  3. Merchants & Marine Bank v. The Fishing Vessel T. E. Welles, Etc.Court of Appeals for the Fifth Circuit · 1961
  4. Theodories v. Hercules Navigation Co.Court of Appeals for the Fifth Circuit · 1971
  5. Grace Line Inc. v. Grace Line Inc.Court of Appeals for the Second Circuit · 1975

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

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