N. V. Stoomvaart Maatschappij "Nederland" v. GTE International, Inc.

Second Circuit

N. V. Stoomvaart Maatschappij "Nederland" v. GTE International, Inc.

531 F.2d 1143, 1976 U.S. App. LEXIS 12507

Court of Appeals for the Second Circuit·Decided March 5, 1976·No. No. 529, Docket 75-7493·Published·Cited by 4 cases

Opinion

PER CURIAM:

We affirm the judgment below on the basis of the district court’s opinion, 411 F.Supp. 331, except to the extent that it relies upon the Carriage of Goods by Sea Act, 46 U.S.C. § 1304(3). We consider the common law principles of tort and agency [1144]*1144sufficient to support the conclusion that the shipper was not liable unless it or its agents were negligent. Accordingly, we need not pass upon the district court’s holding that § 1304(3) precludes GTE from being held liable to Nederland for the injury caused by the negligence of Ainslie.

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PER CURIAM:

We affirm the judgment below on the basis of the district court’s opinion, 411 F.Supp. 331, except to the extent that it relies upon the Carriage of Goods by Sea Act, 46 U.S.C. § 1304(3). We consider the common law principles of tort and agency [1144]*1144sufficient to support the conclusion that the shipper was not liable unless it or its agents were negligent. Accordingly, we need not pass upon the district court’s holding that § 1304(3) precludes GTE from being held liable to Nederland for the injury caused by the negligence of Ainslie.

N. V. Stoomvaart Maatschappij "Nederland" v. GTE International, Inc., 531 F.2d 1143, 1976 U.S. App. LEXIS 12507 (2d Cir. 1976).

Pincite

531 F.2d 1143 (N. V. Stoomvaart Maatschappij "Nederland" v. GTE International, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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Opinion

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