Legal Opinion
Kane International Corp. v. MV Hellenic Wave
District Court, S.D. New York
Decided April 23, 1979No. 78 Civ. 3235 (GLG), 78 Civ. 4396 (GLG)PublishedCited by 7 opinions
1Opinion of the Court
OPINION
GOETTEL, District Judge:
Among the issues that are not capable of precise judicial determination, the question of how bad a storm must be before it constitutes “heavy weather” has to be one of the worst. Once found “heavy,” of course, the weather is a “peril of the sea” that excuses a shipowner’s liability for cargo damage. The problem is much like the one posed by the ancient riddle which asks “how high is up?” Long ago one court responded:
“There is no rule by which it can be defined with accuracy what degree of violence of the wind or waves is necessary to constitute a peril of the…
2Cases cited15 opinions
- Nichimen Company, Inc. v. M. v. Farland, Her Engines, Boilers, Etc., and A/s Vigra, Defendants-Appellants-Appellees v. Seaboard Shipping Co., Ltd.Court of Appeals for the Second Circuit · 1972
- Ore Steamship Corporation v. D/SA/S HasselCourt of Appeals for the Second Circuit · 1943
- J. Gerber & Co. v. S.S. Sabine HowaldtCourt of Appeals for the Second Circuit · 1971
- The GiuliaCourt of Appeals for the Second Circuit · 1914
- Edmond Weil, Inc. v. American West African Line, Inc.Court of Appeals for the Second Circuit · 1945
10 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Thyssen, Inc. v. S/S EurounityCourt of Appeals for the Second Circuit · 1994
- Steel Coils, Inc. v. M/V Lake MarionCourt of Appeals for the Fifth Circuit · 2003
- Thyssen, Inc. v. S/S EurounityCourt of Appeals for the Second Circuit · 1994
- M. Prusman Ltd. v. M/V NATHANELDistrict Court, S.D. New York · 1987
- In Re the Complaint of Tecomar S.A.District Court, S.D. New York · 1991
2 more not listed; retrieve them via the Exa API.