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JONES v. THE FLYING CLIPPER

116 F.Supp. 386 (1953)

JONES et al. v. THE FLYING CLIPPER et al.

United States District Court S. D. New York.

November 5, 1953.

Attorney(s) appearing for the Case

Bigham, Englar, Jones & Houston, F. Herbert Prem and Alfred Ogden, New York City, for libelants.

Mendes & Mount, New York City, Wilbur H. Hecht and Russell T. Mount, New York City, of counsel, for claimant-respondent.

Kirlin, Campbell & Keating, New York City, L. DeGrove Potter, Michael F. Whalen and Walter P. Hickey, New York City, of counsel, for amici curiæ Ocean Carriers.

Hill, Rivkins, Middleton, Louis & Warburton, New York City, John J. Killea, Robert E. Hill and Gregory S. Rivkins, New York City, of counsel, for certain amici curiæ Cargo Interests.

WEINFELD, District Judge.

This case is one of first impression involving the $500 limitation of liability provision, § 1304(5) of the Carriage of Goods by Sea Act,1 46 U.S.C.A. §§ 1300-1315 (hereinafter called the "Act").

The facts are stipulated. Libelants sue as endorsees of a bill of lading. On October 8, 1948, the Ford Motor Company delivered to respondent as a common carrier twenty packages containing automobiles...

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