United States Second Circuit

In action for damage to cargo shipped aboard defendant-vessel, judgment holding defendant-vessel liable in rem is affirmed, where: 1) a vessel's in rem liability for damage to cargo exists under maritime common law for a violation of a carrier’s contractual or statutory obligations; 2) the free-in-and-out provision does not prevent in rem liability of the vessel; 3) the Voyage Charter Party's Clause Paramount contractually incorporates the Hague-Visby rules prohibiting a carrier from contracting for a waiver of its obligations regarding damage to cargo; and 4) the district court did not err in holding there was no in personam liability for defendants ship owner and manager.

Appellate Information

• Decided 12/06/2012
• Published 12/06/2012

Judges

Court

• United States Second Circuit

Counsel