Atlantic Mutual Insurance Co. v. Poseidon Schiffahrt

PARSONS, District Judge.

This libel action involves the $500 Limitation of Liability provision of the Carriage of Goods by Sea Act, 46 U.S. C.A. § 1304(5). The Libellant, Atlantic Mutual Insurance Company, was assurer of the consignee, Societe Beige Reineveld, of Antwerp, Belgium. The Respondent is the carrier. The goods consisted of certain ironing machine pads in one package, stowed on Respondent’s vessel for delivery upon arrival at Antwerp on a day certain. The goods did not arrive as scheduled. Instead, they were located eight months later in Hamburg, Germany.

In the meantime, Libellant…