Legal Opinion
The Tupman Thurlow Co., Inc. v. S.S. Cap Castillo, Her Engines, Boilers, Etc.
Court of Appeals for the Second Circuit
Decided January 10, 1974No. 84, Docket 73-1277PublishedCited by 30 opinions
1Opinion of the Court
J. JOSEPH SMITH, Circuit Judge:
This is an appeal from a judgment in admiralty of the United States District Court, Southern District of New York, John M. Cannella, Judge, sitting without a jury, entered on November 9, 1972, holding defendant Oetker, owner of the vessel S.S. Cap Castillo, liable for damage to a cargo of 4,301 cartons of beef during that ship’s voyage from Buenos Aires to Philadelphia. We reverse and remand for a new trial.
The parties agree that inadequate re-frigation caused the beef to spoil at some point between its processing in Buenos Aires and its rejection by the United…
2Cases cited13 opinions
- Palmer v. HoffmanSupreme Court of the United States · 1943
- McAllister v. United StatesSupreme Court of the United States · 1954
- Arthur Clark v. The Pennsylvania Railroad CompanyCourt of Appeals for the Second Circuit · 1964
- The Niel MaerskCourt of Appeals for the Second Circuit · 1937
- J. Gerber & Co. v. S.S. Sabine HowaldtCourt of Appeals for the Second Circuit · 1971
8 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- United States v. MezzanattoSupreme Court of the United States · 1995
- George Lamborn, Henry Maringer, and Lamar Commodities, a Partnership v. Thomas H. Dittmer and Dittmer International, Inc.Court of Appeals for the Second Circuit · 1989
- Peter Fabrics, Inc. v. S.S. "Hermes"Court of Appeals for the Second Circuit · 1985
- Blasser Bros. v. Northern Pan-American LineCourt of Appeals for the Fifth Circuit · 1980
- Fernandez v. Chios Shipping Co.Court of Appeals for the Second Circuit · 1976
25 more not listed; retrieve them via the Exa API.