Legal Opinion

E. C. L. Sporting Goods v. United States Lines, Inc.

District Court, D. Massachusetts

Decided November 19, 1969No. Civ. A. No. 68-274Published

1Opinion of the Court

MEMORANDUM OF DECISION

GARRITY, District Judge.

Plaintiff shipped goods on a merchant vessel owned by the defendant shipping company and has brought suit under § 4(4) of the Carriage of Goods by Sea Act, 46 U.S.C. § 1304(4), claiming that the vessel carrying the goods overseas from Germany to Boston, Massachusetts, breached the voyage contract by a deviation and that the plaintiff was thereby damaged. The controlling statute provides as follows:(4) Any deviation in saving or attempting to save life or property at sea, or any reasonable deviation shall not be deemed to be an infringement or…

2Cases cited5 opinions

  1. Dietrich v. United States Shipping Board Emergency Fleet Corp.Court of Appeals for the Second Circuit · 1925
  2. Surrendra (Overseas) Private, Ltd. v. S.S. Hellenic HeroDistrict Court, S.D. New York · 1963
  3. American Cyanamid Co. v. Booth S. S. Co.District Court, S.D. New York · 1951
  4. P & E Shipping Corporation, and v. Empresa Cubana Exportadora E Importadora De Alimentos, LibelantCourt of Appeals for the First Circuit · 1964
  5. Kroll v. Silver LineDistrict Court, N.D. California · 1953

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