Union Carbide & Carbon Corp. v. The Walter Raleigh
Decision Date | 01 August 1951 |
Parties | UNION CARBIDE & CARBON CORP. v. THE WALTER RALEIGH et al. |
Court | U.S. District Court — Southern District of New York |
Hill, Rivkins & Middleton, New York City (Eugene P. McCue, Robert E. Hill and Richard T. O'Connell, New York City, of counsel), for libelant.
Hunt, Hill & Betts, New York City (John W. Crandall and Robert M. Donohue, New York City, of counsel), for respondent.
On February 21, 1946, Union Carbide and Carbon Corporation filed a libel in rem and in personam against the S.S. "Walter Raleigh", the American-West African Line, Inc., as operating agent,1 and the United States of America, as owner. The libel alleges that 4400 tons of manganese ore were delivered to respondents, as common carriers, at Takoradi (West Africa) on March 31, 1945 in good order and condition for transportation to a United States Atlantic port, and that when the ore was delivered to libelant (the assignee of E. J. Lavino & Co., the consignee named in the Bill of Lading) at Philadelphia, on May 11, 1945, it was seriously damaged as a result of having come in contact with fuel oil. The damages sustained are estimated to be about $20,000.
The respondents filed an answer, October 1, 1948, which contained denials and certain special defenses. The first and second defenses were amended February 1, 1950. The first defense, as amended, alleges that:
"Eighteenth: If there was any damage to the said ore as a result of the contact with the oil it was due to the acts or neglect or default of the aforesaid members Walsh, Gillis and Reed of the engineering personnel of the Walter Raleigh in the management of the ship, to wit, their failure either to observe with sufficient diligence the inflow of the oil into the said deep tanks the No. 3 port and starboard deep tanks or to make adequate use of the hand operated equalizing valves on the fuel oil filling line or to notify the pumpman to slow down or stop the pump far enough in advance to insure against an overflow of the oil, and the respondent consequently is exempted from liability therefore by the Carriage of Goods By Sea Act, 46 U.S.C.A. § 1304(2) (a)."
The second separate defense alleges the neglect of the engineers as above quoted, and that:
The third defense alleges that:
The fourth defense is a partial defense and alleges:
The third and fourth defenses relate to the issue of damages and need not be considered at this time, because a Commissioner will be named for that purpose. The first and second defenses claim exemption from liability by reason of certain provisions of the Carriage of Goods By Sea Act, 46 U.S.C.A. § 1300 et seq., as applied to respondents' version of the facts in this case.
Although the trial originally terminated on March 10, 1950, it was found necessary to reopen the case twice and receive additional proof.
On January 10th, 1950 the proctors for the respective parties entered into a stipuation of certain facts as follows:
On May 7, 1951 another stipulation was entered into which cancelled Article 9 of the stipulation of January 10th and substituted for it the following:
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