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HERD & CO. v. KRAWILL MACHINERY CORP.

No. 276.

359 U.S. 297 (1959)

79 S.Ct. 766

3 L.Ed.2d 820

ROBERT C. HERD & CO., INC., v. KRAWILL MACHINERY CORP. ET AL.

Supreme Court of United States.

Decided April 20, 1959.

Attorney(s) appearing for the Case

George W. P. Whip argued the cause for petitioner. With him on the brief was Robert E. Coughlan, Jr.

William A. Grimes argued the cause for respondents. With him on the brief was Leslie W. Fleming.

Harold M. Kennedy filed a brief for the National Association of Stevedores, as amicus curiae, urging reversal.

Henry N. Longley and F. Herbert Prem filed a brief for the American Institute of Marine Underwriters, as amicus curiae, urging affirmance.

MR. JUSTICE WHITTAKER delivered the opinion of the Court.

The question presented by this case is whether the provisions of § 4 (5) of the Carriage of Goods by Sea Act (46 U. S. C. § 1304 (5)) or the parallel provisions of an ocean bill of lading, limiting the liability of an ocean "carrier" to a shipper to $500 per package of cargo, also apply to and likewise limit the liability of a negligent stevedore.

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