American Maritime Cases, Volume 3American Maritime Cases, Incorporated, 1988 |
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Page 1736
... negligence of the shipper , unless it is a type of negligence excluded under COGSA . Gerber , 1971 AMC at 548 , 437 F.2d at 588 ; Gilmore & Black , supra , sec . 3-43 at 184 . The carrier then has the burden of allocating the loss ...
... negligence of the shipper , unless it is a type of negligence excluded under COGSA . Gerber , 1971 AMC at 548 , 437 F.2d at 588 ; Gilmore & Black , supra , sec . 3-43 at 184 . The carrier then has the burden of allocating the loss ...
Page 2245
... negligence and the vessel's unseaworthiness from the fact of Larkins ' disappearance . We do not believe , however , that the dis- appearance presents circumstances that warrant a charge of inferred negligence or unseaworthiness . We ...
... negligence and the vessel's unseaworthiness from the fact of Larkins ' disappearance . We do not believe , however , that the dis- appearance presents circumstances that warrant a charge of inferred negligence or unseaworthiness . We ...
Page 2361
... negligence , contending that de- fendant improperly interposed a defense of assumption of risk char- acterized as contributory negligence . We agree with Special Term that , on this record , the contributory negligence defense is ...
... negligence , contending that de- fendant improperly interposed a defense of assumption of risk char- acterized as contributory negligence . We agree with Special Term that , on this record , the contributory negligence defense is ...
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9 Cir aboard accident action admiralty law affirmed agreement alleged apply arbitration argues award barge bill of lading boat breach cargo Carnival Cruise Lines carrier cause cert charter party Chotin Chromospec Circuit claim claimants clause COGSA collision Company concluded contract Corp Court finds Court of Appeals crew damages decision defendant defendant's denied dismissed district court diversity jurisdiction dredging duty Eleventh Amendment employee entitled evidence F.Supp federal court filed forum non conveniens GAC Marine Globomar hull indemnity issue Jones Act jury Lasseigne liability limitation loss Lykes marine insurance maritime law maritime lien ment motion navigation negligence operations owner pipeline plaintiff port Public Vessels Act pursuant reasonable repair rule SDNY Sea-Land seaman seaworthy Ship Mortgage shipowner sovereign immunity statute stevedore Suits in Admiralty summary judgment supra Supreme Court Tenneco Texaco tion tort trial court Underwriters United States District unseaworthiness warranty