Legal Opinion
Brown & Root, Inc. v. M/v Peisander, Etc.
Court of Appeals for the Fifth Circuit
Decided June 19, 1981No. 77-3277PublishedCited by 90 opinions
1Opinion of the Court
JOHN R. BROWN, Circuit Judge:
The question in this case is whether the $500 package limitation provided in the Carriage of Goods by Sea Act (COGSA) limits the recovery of a shipper against a stevedore when the bill of lading incorporating COGSA expressly states that “in no case” will recovery exceed $500, but the applicable tariff, obliquely referred to in the bill of lading (B/L) establishes a means to obtain increased liability by payment of a specified additional transportation charge.
What’s It All About?
This case was tried in the District Court on a stipulated set of facts. As the…
2Cases cited35 opinions
- Adams Express Company v. CroningerSupreme Court of the United States · 1912
- Liverpool & Great Western Steam Co. v. Phenix InsuranceSupreme Court of the United States · 1889
- Hart v. Pennsylvania RailroadSupreme Court of the United States · 1884
- Robert C. Herd & Co. v. Krawill MacHinery Corp.Supreme Court of the United States · 1959
- Sloan Shipyards Corp. v. United States Shipping Bd. Emergency Fleet CorporationSupreme Court of the United States · 1922
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3Cited by90 opinions
- Henley v. Marine TransportionCourt of Appeals for the First Circuit · 1994
- Z.K. Marine, Inc. v. M/V ArchigetisDistrict Court, S.D. Florida · 1992
- Sompo Japan Insurance Co. of America v. Norfolk Southern Railway Co.Court of Appeals for the Second Circuit · 2014
- Barretto Peat, Inc. v. Luis Ayala Colon Sucrs., Inc.Court of Appeals for the First Circuit · 1990
- Hiram Walker & Sons, Inc. v. Kirk LineCourt of Appeals for the Eleventh Circuit · 1989
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