U.S. Court of Appeals for the Second Circuit, 1976

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

U.S. Court of Appeals for the Second Circuit · Decided March 5, 1976 · Anderson, Kaufman, Smith

531 F.2d 1143; 1976 U.S. App. LEXIS 12507 (Federal Reporter, Second Series)

Counsel

William M. Kimball, New York City (Hervey C. Allen, Michael Marks Cohen and Burlingham, Underwood & Lord, New York City, on the brief), for appellant., Sidney A. Schwartz, Joseph Arthur Cohen, and Alexander, Ash, Schwartz & Cohen, New York City, submitted a brief for appellee.

Opinion of the Court

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 *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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