Legal Opinion
United States v. Lykes Bros. Steamship Co., Inc., in Personam, and Ss Marjorie Lykes, Her Engines, Tackle, Etc., in Rem
Court of Appeals for the Fifth Circuit
Decided April 9, 1975No. 72--1633PublishedCited by 39 opinions
1Opinion of the Court
JOHN R. BROWN, Chief Judge:
This appeal presents the troublesome and recurring and sometimes confusing problem of properly allocating the burden of proof between Shipper and Carrier in a suit for damages to perishable cargo. The United States (Shipper) brought suit to recover for damage to a shipment of whole wheat flour transported by Lykes (Carrier) from Houston, Texas, to Gdynia, Poland. 1 Upon out-turn in Poland, the flour was totally infested by weevils — one of the species bears the name of confused flour beetle — and was rejected as unfit for human consumption. Damage to the cargo…
2Cases cited7 opinions
- Lekas & Drivas, Inc. v. GoulandrisCourt of Appeals for the Second Circuit · 1962
- Schroeder Bros., Inc., Libellants-Appellees v. The Saturnia and Italia Societa Anonima Di Navigazione, Claimant-Respondent-AppellantCourt of Appeals for the Second Circuit · 1955
- The Daido Line v. Thomas P. Gonzalez, CorporationCourt of Appeals for the Ninth Circuit · 1962
- Aunt Mid, Inc. v. Fjell-Oranje LinesCourt of Appeals for the Seventh Circuit · 1972
- United States Shipping Board Emergency Fleet Corp. v. Texas Star Flour MillsCourt of Appeals for the Fifth Circuit · 1926
2 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- Laurence B. Greenburg, Etc. v. Puerto Rico Maritime Shipping Authority, Etc.Court of Appeals for the First Circuit · 1987
- Caemint Food, Inc. v. Lloyd Brasileiro, Companhia De NavegacaoCourt of Appeals for the Second Circuit · 1981
- Vana Trading Co. v. S.S. METTE SKOUCourt of Appeals for the Second Circuit · 1977
- Morrison Grain Company, Inc., a Corporation v. Utica Mutual Insurance Company, a CorporationCourt of Appeals for the Fifth Circuit · 1980
- Blasser Bros. v. Northern Pan-American LineCourt of Appeals for the Fifth Circuit · 1980
34 more not listed; retrieve them via the Exa API.