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ROYSTON DISTRIBS. v. MOORE-MCCORMACK LINES

June 4, 1965

ROYSTON DISTRIBUTORS, INC.
v.
MOORE-McCORMACK LINES, INC. IMPERIAL CAR DISTRIBUTORS, INC. v. MOORE-McCORMACK LINES, INC.



The opinion of the court was delivered by: VAN DUSEN

 These actions claim recovery under The Carriage of Goods by Sea Act, 46 U.S.C. § 1301ff., for damage to British-made automobiles while being transported in an uncrated condition on respondent's ships from England to Philadelphia, Pa. The following excerpts from the statement of facts in respondent's brief (Document 50) summarize the basic facts developed by the evidence at the trial:

 
"These admiralty cases, consolidated for the purposes of trial, were tried by this Court. The libelants, Royston Distributors, Inc. (Royston Distributors) and Imperial Car Distributors, Inc. (Imperial), are distributors of certain automobiles manufactured by British Motor Corporation (BMC). The respondent is a steamship company which carried a number of these automobiles during the year 1959 from London to Philadelphia. It is alleged that certain automobiles carried by respondent were damaged during transit. Libelants are suing respondent for this alleged damage under a purported assignment from the admitted consignee of the cargo, Hambro Automotive Corporation (Hambro). The Royston Distributors suit (No. 171 of 1960, In Admiralty) contains six Counts covering alleged damage to cars on six of the seven voyages; the Imperial suit (No. 399 of 1960, In Admiralty) contains two Counts covering the seventh voyage and claim for damage under two bills of lading on the sixth voyage.
 
"Below is a summary showing the vessel, voyage number, bill of lading number and date, and number of automobiles covered by each bill of lading. This information is arranged by Count number of the Libels ('R-1' refers to Count #1 of Royston Distributors' Libel; 'I-1' refers to Count #1 of Imperial's Libel; etc.).

  Bœ # and Cars Count Ship Voyage date covered R-1 MORMACWIND 9W #3 3/3/59 28 #4 80 R-2 MORMACPENN 66W #1 5/20/59 245 R-3 ROBIN LOCKSLEY 9W #5 6/5/59 50 #7 63 R-4 MORMACSAGA 65W #2 6/13/59 50 #3 69 R-5 MORMACPENN 67W #10 7/13/59 65 R-6 MORMACWIND 13W #3 10/30/59 59 I-1 MORMACWIND 13W #4 10/30/59 75 #6 5 I-2 MORMACWIND 14W #7 12/24/59 2 #8 31 #9 73

19650604

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