Robert C. Herd & Co. v. Krawill MacHinery Corp.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that COGSA protections do not limit the liability of negligent acts of carrier agents
• holding that COGSA protections do not limit the liability of negligent acts of carrier agents
• holding that although COGSA did not apply to stevedores, parties can contractually extend its application to “stevedores or other agents of the carrier ...”
• holding that COGSA liability (3) Coastal invoiced ATS for terminal handling of the boiler; (4) Coastal and Rickmers entered into a contract whereby Coastal would serve as Rickmers’s exclusive stevedore in New Orleans; (5
• refusing to read an extension of COGSA to limit the common-law liability of a negligent stevedore to $500 where neither COGSA nor the bill of lading adverted to stevedores or the carrier’s agents
• “Be- cause fee-shifting statutes are ‘in derogation of the common law,’ courts are obligated to construe them strictly.”

Source: CourtListener parenthetical corpus (CC0).