· 12/3/1974
Iligan Integrated Steel Mills, Inc. v. Ss John Weyerhaeuser, Her Engines, Boilers, Etc., Defendants-Appellees-Appellants
Citations
- 507 F.2d 68
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating that “shippers or, realistically, their insurers would demand a further inquiry into the degree of the carrier’s culpability, with enormous potential liability”
- stating that ―shippers or, realistically, their insurers would demand a further inquiry into the degree of the carrier‘s culpability, with enormous potential liability‖
- rejecting gross negligence as a basis for deviation because every violation of COGSA's substantive duties would then require a detailed factual inquiry to distinguish gross negligence from plain negligence
- rejecting gross negligence as a basis for deviation because every violation of COGSA’s substantive duties would then require a detailed factual inquiry to distinguish gross negligence from plain negligence
- “the concept of ‘quasi deviation’ in the United States has recognized only one instance, deck stowage of cargo which the carrier had agreed to carry below deck”
- “wanton and willful misconduct” of carrier in tendering an unseaworthy ship does not constitute deviation; probing carrier’s level of culpability to determine possible deviation would create too much uncertainty
Source: CourtListener parenthetical corpus (CC0).
Judges: Friendly, Feinberg, Gurfein
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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