Associated Metals & Minerals Corp. v. De Larrinaga
Associated Metals & Minerals Corp. v. De Larrinaga
Opinion of the Court
Plaintiff-shipper appeals the judgment for defendant-carrier in its suit for dam
Plaintiff shipped a cargo of “open hearth wire rods” from Antwerp, Belgium to Jacksonville, Florida, aboard a vessel chartered by defendant. Two months after defendant discharged the cargo in Jacksonville, plaintiff received a complaint from the company to which it had sold the goods. Plaintiff’s marine surveyor examined the goods on the purchaser’s premises and discovered substantial damage. Plaintiff filed this suit, alleging that the damage had occurred while the cargo was in the defendant’s care and custody.
Because the bills of lading covering the goods in question incorporated the Carriage of Goods by Sea Act (“COGSA”), that law governs. 46 U.S.C. §§ 1300 et seq. Under COGSA, a shipper establishes a prima facie case of carrier liability for damages by proving that the carrier received the cargo in good condition and discharged it at the destination in a damaged state. 46 U.S.C. § 1303(3)(c), (4);
First, plaintiff did not, as provided by COGSA, give defendant notice of loss or damage within three days after defendant discharged the goods, thereby creating “pri-ma facie evidence of the delivery by the carrier of the goods as described in the bill of lading.” 46 U.S.C. § 1303(6).
Given the inadequacy of plaintiff’s proof, the trial judge’s findings were not clearly erroneous.
AFFIRMED.
. 46 U.S.C. § 1303 provides in pertinent part:
(3) After receiving the goods into his charge the carrier, or the master or agent of the carrier, shall, on demand of the shipper, issue to the shipper a bill of lading showing among other things—
(c) The apparent order and condition of the goods .
(4) Such a bill of lading shall be prima facie evidence of the receipt by the carrier of the goods as therein described in accordance with paragraph [] (3) . . . (c) of this section .
. 46 U.S.C. § 1303(6) provides that
Unless notice of loss or damage and the general nature of such loss or damage be given in writing to the carrier or his agent at the port of discharge before or at the time of the removal of the goods into the custody of the person entitled to delivery thereof under the contract of carriage, such removal shall be prima facie evidence of the delivery by the carrier of the goods as described in the bill of lading. If the loss or damage is not apparent, the notice must be given within three days of the delivery.
Said notice of loss or damage may be endorsed upon the receipt for the goods given by the person taking delivery thereof.
The notice in writing need not be given if the state of the goods has at the time of their receipt been the subject of joint survey or inspection.
No joint survey or inspection took place in the instant case.
Reference
- Full Case Name
- ASSOCIATED METALS AND MINERALS CORPORATION, a corporation v. M/V RUPERT DE LARRINAGA, her boilers, furnishings, tackle, etc., in rem Larrinaga Steamship Company, Ltd., a Foreign Corporation or other business entity, her owners, J. R. Shipping Corporation Limited, d/b/a Regent Line, a Foreign Corporation or other business entity, in personam
- Cited By
- 1 case
- Status
- Published