Contship Containerlines, Ltd. v. PPG Industries, Inc.

DENNIS JACOBS, Circuit Judge.

This dispute arises from a fire aboard the Contship France, a carrier operated by plaintiff-appellant Contship Containerlines, Ltd. (“Contship”). The fire was caused by the overheating of a cargo of calcium hypo-chloride (“Cal Hypo”) shipped by defendant-appellee PPG Industries, Inc. (“PPG”). Contship concedes awareness (based on published specifications) that Cal Hypo could ignite at temperatures over 55°C; and PPG concedes awareness that the cargo could ignite at lower temperatures. After a bench trial, the district court found that the proximate cause of the…