Pan-Alaska Fisheries, Inc. v. Kimbrell-Lawrence Transportation

Ninth Circuit

Pan-Alaska Fisheries, Inc. v. Kimbrell-Lawrence Transportation

451 F.2d 1389

Court of Appeals for the Ninth Circuit·Decided January 7, 1972·No. 71-2400·Published

Opinion

451 F.2d 1389

PAN-ALASKA FISHERIES, INC., a corporaton, Appellee,
v.
KIMBRELL-LAWRENCE TRANSPORTATION, INC., a corporation, d/b/a
Pioneer Alaska Line and M/V WESTERN PIONEER, her
engines, tackle, apparel, furniture and
equipment, Appellants.

No. 71-2400.

United States Court of Appeals,
Ninth Circuit.

Jan. 7, 1972.

Raymond J. Petersen (argued), of Maxwell & Petersen, Seattle, Wash., for appellants.

Dwight L. Guy (argued), Martin P. Detels, Jr., of Detels, Draper & Marinkovich, Seattle, Wash., for appellee.

Before CHAMBERS, HAMLEY and GOODWIN, Circuit Judges.

PER CURIAM:

The award of damages under the Carriage of Goods at Sea Act, 46 U.S.C. Sec. 1300 et seq., for damage to a shipment of frozen fancy King Crab is affirmed.

The burden of exculpation was on the carrier. The trial judge was not satisfied with any of the explanations of the carrier. On the record, he could properly so conclude.

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451 F.2d 1389

PAN-ALASKA FISHERIES, INC., a corporaton, Appellee,
v.
KIMBRELL-LAWRENCE TRANSPORTATION, INC., a corporation, d/b/a
Pioneer Alaska Line and M/V WESTERN PIONEER, her
engines, tackle, apparel, furniture and
equipment, Appellants.

No. 71-2400.

United States Court of Appeals,
Ninth Circuit.

Jan. 7, 1972.

Raymond J. Petersen (argued), of Maxwell & Petersen, Seattle, Wash., for appellants.

Dwight L. Guy (argued), Martin P. Detels, Jr., of Detels, Draper & Marinkovich, Seattle, Wash., for appellee.

Before CHAMBERS, HAMLEY and GOODWIN, Circuit Judges.

PER CURIAM:

The award of damages under the Carriage of Goods at Sea Act, 46 U.S.C. Sec. 1300 et seq., for damage to a shipment of frozen fancy King Crab is affirmed.

The burden of exculpation was on the carrier. The trial judge was not satisfied with any of the explanations of the carrier. On the record, he could properly so conclude.

Pan-Alaska Fisheries, Inc. v. Kimbrell-Lawrence Transportation, 451 F.2d 1389 (9th Cir. 1972).

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