Legal Opinion

Canadian Refractories Division of Dresser Industries, Inc. v. S. S. Hellenic Navigator

District Court, S.D. New York

Decided July 6, 1978No. 77 Civ. 5027 (RWS)Published

1Opinion of the Court

OPINION

SWEET, District Judge.

This action has been brought as an admiralty claim within the meaning of Rule 9(h), Fed.R.Civ.P., for breach of a maritime contract. The plaintiff seeks to recover the cost of cargo lost when a section of defendant’s pier collapsed. Defendant counterclaims for the cost of repairing its pier.

Plaintiff delivered, via several trucks and over a period of three days, 282 bales of secondhand cotton piece goods and 125 pallets of firebricks to the defendant’s dock site at 57th Street in Brooklyn. The Documentation and Truck Detention Records were signed by each truck…

2Cases cited8 opinions

  1. Commercial Molasses Corp. v. New York Tank Barge Corp.Supreme Court of the United States · 1941
  2. David Crystal, Inc. v. Cunard Steam-Ship Co.Court of Appeals for the Second Circuit · 1964
  3. David Crystal, Inc. v. Cunard Steam-Ship CompanyDistrict Court, S.D. New York · 1963
  4. MacKey v. United StatesCourt of Appeals for the Second Circuit · 1952
  5. United States v. Central Gulf Steamship CorporationDistrict Court, E.D. Louisiana · 1972

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