Cargo Damage Ruling Issued

Monday, April 19, 2004
The U.S. Court of Appeals for the Fourth Circuit ruled that the $500 per package limitation in the Carriage of Goods at Sea Act (COGSA) applies during restowage of cargo at intermediate ports, even where the damage occurs ashore. In the instant case, plaintiff cargo owner contracted with the carrier for transport of the cargo from Baltimore to Arica, Chile. The carrier issued a clean bill of lading incorporating COGSA. During an intermediate stop of the ship in Charleston, the master decided to restow the cargo below deck and had it off-loaded in preparation for restowage. While on the pier, the cargo was damaged beyond repair. Plaintiff owner sued the carrier for replacement cost of the cargo. The court held that the COGSA limitation applied from the time the goods are initially loaded at the port of embarkation until they are finally discharged from the ship at the port of disembarkation. Restowage does not constitute a discharge. Schramm, Inc. v. Shipco Transport, Inc., No. 03-1075 (4th Cir., April 15, 2004). (HK Law)
Maritime Reporter August 2014 Digital Edition
FREE Maritime Reporter Subscription
Latest Maritime News    rss feeds

Legal

House Introduces Vessel Discharge Legislation

The American Waterways Operators, a 350-member trade association representing the U.S. tugboat, towboat and barge industry, hailed the House introduction of critical

In Support of Affordable Energy

As its key mission, Waterways Council, Inc. (WCI) advocates for a modern and well-maintained system of inland waterways and ports. WCI’s top issues areas include

Rosneft, ExxonMobil Continue Drilling for Now

Russia's Rosneft and U.S. ExxonMobil are continuing to drill in the Kara Sea and plan to stop work by Oct. 10, Russian Deputy Energy Minister Kirill Molodtsov said on Tuesday.

Finance

Insights: New York Canal Director Brian Stratton

Brian U. Stratton was appointed Director of the New York State Canal Corporation in April 2011, to oversee the operation and development of New York’s 524-mile Canal System,

Iraq's Southern Exports Unaffected by Conflict

Southern exports average almost 2.60 million bpd; Exports close to record rate seen in May. Lack of Kirkuk northern exports limits overall supply. Iraq's oil

Impact of CITGO Oil Refineries Sale: Analysis

A sale of Venezuelan state oil company PDVSA’s Citgo refining assets could dramatically change crude oil flows: Poten & Partners consider the outcomes in their latest 'Tanker Opinion'.

 
 
Maritime Careers / Shipboard Positions Maritime Contracts Naval Architecture Navigation Offshore Oil Pipelines Salvage Ship Repair Ship Simulators Shipbuilding / Vessel Construction
rss | archive | history | articles | privacy | terms and conditions | contributors | top maritime news | about us | copyright | maritime magazines
maritime security news | shipbuilding news | maritime industry | shipping news | maritime reporting | workboats news | ship design | maritime business

Time taken: 0.1203 sec (8 req/sec)