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J. KINDERMAN & SONS v. NIPPON YUSEN KAISHA LINES

January 27, 1971

J. KINDERMAN & SONS
v.
NIPPON YUSEN KAISHA LINES


Wood, District Judge.


The opinion of the court was delivered by: WOOD

WOOD, District Judge.

 This is an action in admiralty in which J. Kinderman & Sons as owner of a shipment of toys and novelties seeks to recover the value of the shipment which was destroyed by fire after its discharge onto Pier 53 in Philadelphia. We enter the following findings of fact:

 FINDINGS OF FACT

 1. Plaintiff, J. Kinderman & Sons (Kinderman), is a Pennsylvania corporation engaged in the business of importing and selling toys and novelties.

 2. Defendant, Nippon Yusen Kaisha Lines, is a Japanese corporation engaged in the business of owning and operating a number of vessels, including the S.S. SETA MARU, for the purpose of carrying cargo for hire as a common carrier on the high seas.

 3. On April 30, 1965, defendant issued and delivered six bills of lading covering the shipment of 962 cartons of toys and novelties on board the S.S. SETA MARU from the port of Yokohama, Japan to the port of Philadelphia, Pennsylvania.

 4. The S.S. SETA MARU, having on board said 962 cartons of toys and novelties docked in Philadelphia at Pier 53 on Monday, June 7, 1965, at 11:10 P.M.

 5. Prior to June 7, 1965, Kinderman became, for value, the owner of said 962 cartons of toys and novelties and holder of the aforesaid bills of lading.

 6. The unloading of the S.S. SETA MARU commenced at 8:00 A.M. on Tuesday, June 8, 1965, and finished at 5:40 P.M. on the same day.

 7. On June 8, 1965, Kinderman received notice of the arrival of its shipment and also received delivery orders to be tendered to Lavino Shipping Company for the cargo.

 8. On June 9, 10 and 11, 1965, Kinderman sent its truck driver to Pier 53 at 8:00 A.M. to receive the cargo. On each occasion the driver called his superior at 10:00 A.M. and informed him that there was a long waiting line and that he did not think that he would be able to receive the cargo. On each occasion he was then ordered to return to Kinderman's place of business.

 9. Pier 53 was not open for delivery on Saturday, June 12, 1965, or Sunday, June 13, 1965.

 10. On June 14, 1965, Kinderman again sent its truck driver to Pier 53 at 8:00 A.M. He waited there until 4:00 P.M. and then returned to Kinderman's place of ...


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