...furnished by shipper". Moreover, the bill of lading includes the notation "shippers load stow and count". Therefore, the particulars shown in the bill of lading do not constitute proof of delivery of...against Jessal; and Count VII: Strict liability under common law against Florida Jessal. Counts III, V and VII are pled in the... CLASSIC FASHIONS, INC., Plaintiff, v. NAVIERAS N.P.R., INC., Florida East Coast Railway, Inc. and Jessal Transport Corp., Defendants. No. 96...

...first three columns: "SHIPPERS LOAD STOW AND COUNT. FREIGHT COLLECT SHIPPED ON BOARD SPIT WITH 37590110 AND...the shippers that the numbers in the "NO. OF PKGS." column reflect the parties' understanding as to the number of packages, and we would apply those numbers in determining the aggregate COGSA per...of thirty, one must count the pallets as `packages.'"). But the bill of lading at bar "is devoid of any reference to the 13 racks and neither OOCL nor Sea-Land were advised that the engines were...

..., "2880 CARTONS PACKED ON 40 PALLETS PHARMACEUTICAL, NON RESTRICTED ARTICLES," and "SHIPPERS LOAD/STOW/COUNT AND SEAL FCL/FCL FREIGHT PREPAID HOUSE/HOUSE," typed in the column titled "Description of...load and count (8) skids containing . . . hermetic terminal 163, 296 pieces" "sheds little light on the parties' intent," and denied summary judgment because "no other documents were submitted to the... OPINION AND ORDER PETER LEISURE, District JudgePage 2...

...used household goods." There are two other items of significance, one of which appears on the bill of lading and the other stricken out: (1) "SHIPPERS LOAD AND COUNT" was stamped on by Export in large block letters before the bill of lading was returned to Santini. (2) "Stow under.... M. E. DeOrchis, New York City (Brian D. Starer, and Haight, Gardner, Poor Havens, New York City, on the brief), for defendant-appellee.... Appeal from the Southern District of New York. Before MANSFIELD, TIMBERS and GURFEIN, Circuit Judges...

...equipment in a condition so that an expert and experienced stevedore can load and unload cargo with reasonable safety. As a corollary to this "turnover duty," a shipowner must warn the stevedore of...an expert and experienced stevedore can load and unload cargo with reasonable safety. As a corollary to this duty, the shipowner must warn the stevedore of latent hazards, as the term is defined in...beans from a cargo hold on the MV Presidente Ibanez, a ship owned and operated by Birkdale. During the unloading operation, Howlett and three other longshoremen hooked up a draft, or load, of bags...

...Commission and the supporting evidence reveal that local less-than-truck-load rates charged shippers are in many if not most instances greater than...transportation as parts of a truck-load or carload consignment, and on less-than-truck-load goods which, on arrival at their immediate destination, are to be immediately reshipped, in the original...used only by forwarders and a few large shippers; that they would operate for the special benefit of forwarders and would not benefit owners of the goods shipped; and that forwarders would thereby be...

...road owning the cars. Several railroads and shippers instituted two separate suits under 28 U.S.C. § 2321-2325 to enjoin enforcement of these rules. In...Commission establishes that the Commission has been increasingly concerned with recurring shortages of freight cars available to serve the Nation's shippers. It found that shortages of varying duration and...data were gathered, railroads, shippers, and other interested parties were permitted to file verified statements providing further factual material and to adduce...

...charterer of a vessel, following a bench trial. The district court concluded that the unstable stow of the cargo made the vessel dangerous to the unloading longshoremen and that the vessel owner failed to...condition in the cargo stow found by the district court was open and obvious to the stevedore, we reverse and render.... I. In the fall of 2004, the M/V TONGHAI left Korea bound for Mexico and the United States with a load of steel products. The ship encountered heavy seas while crossing...

...prohibits use on the state highways of motor trucks and "semi-trailer" motor trucks wider than 90 inches or heavier, including load, than 20,000 lbs. A federal court enjoined its enforcement on specified...highways of motor trucks and "semi-trailer motor trucks" whose width exceeds 90 inches, and whose weight including load exceeds 20,000 pounds. For purposes of the weight limitation § 2 of the statute.... Appellees include the original plaintiffs below, who are truckers and interstate shippers; the Interstate Commerce Commission; and certain others who were permitted to intervene as parties plaintiff...

...Mediterranean to Gibaltar, the charterer, the ship-owners, and many of the shippers entered into negotiations looking to a voyage by the only alternative route, via the Suez Canal and around the Cape of Good Hope...between the charterer and the principal shippers over additional freight had been arbitrated by the Greek Ministry of Marine, the ship was ordered to and did sail in convoy to Suez, subject to the...fire extinguishers. Upon the failure of these methods, the No. 3 tweendeck hatch was opened, a space cleared through the tweendeck stow, and water pumped through the hatchway into No. 3 hold. The fire...

...Pennsylvania and as such bound to furnish shippers with adequate facilities for the transportation of coal, but that the carrier did not, as required by law, furnish the plaintiff with sufficient...able to furnish shippers with cars on demand; but in 1902 there was a strike in the Anthracite Region which cut off the usual supply of anthracite coal to eastern cities and compelled them to use...creative, and while shippers are given new rights, existing causes of action are preserved and the jurisdiction of state courts is not superseded, in cases in which the decision does not involve the...

...expressly state that if there was a clean bill of lading and written consent to stow on deck, the carrier can stow on deck. In Lawrence v. Minturn the written consent was expressed exactly as...to stow goods of this kind for such a voyage. The vessel was a general ship carrying many kinds of merchandise and no charter-party question is involved. She sailed from New York June 19th. Before...notified the shipper that she had exercised the option specified by the freight agreement and would stow under deck. Also, that the ship broke her contract as by deviation and thereby lost the benefit...

..., Spence provided evidence that the industry practice is for shippers to block and brace the cargo that they load, and that ESAB at one time had supplied material for blocking and bracing. Spence also...by forklift onto the trailer. Spence secured the cargo with "load stars" furnished by ESAB. Load stars are small metal cleats that are placed on the floor of the trailer and secure the pallets that are...first occasion, Spence complained to ESAB that he did not like that the load was not blocked and braced, referring to a method of securing cargo which would have required...

...other Iowa shippers, put in force from Nebraska points a certain freight tariff on corn and oats in car load lots to Rochelle, Illinois, when...January, 1904, of the allowances being made. It thereupon brought this suit for the rebate or difference between the low rate allowed shippers of contract coal and the lawful rate paid by plaintiff on...cent. which was contract coal. In addition to evidence as to the payment of such rebates, there was testimony that the Railroad Co. had also made lateral and terminal allowances to some shippers...

... STOW MUNICIPAL ELECTRIC DEPARTMENT vs. DEPARTMENT OF PUBLIC UTILITIES. HUDSON LIGHT AND POWER DEPARTMENT vs. DEPARTMENT OF PUBLIC UTILITIES. MASSACHUSETTS.... Michael B. Meyer for Stow Municipal Electric Department. Paul K. Connolly, Jr., for Hudson Light and Power Department. Nicholas...Department (Hudson), the town of Stow (Stow), and Massachusetts Municipal Wholesale Electric Company (MMWEC) appeal from Department of Public...

...). Crompton Greaves responded, (Docket Entry No. 69), and Shippers Stevedoring replied, (Docket Entry No. 70..., (Docket Entry No. 80), and Shippers Stevedoring replied, (Docket Entry No. 82). 3. Shippers Stevedoring moved for summary judgment on all of Crompton Greaves's...claims, (Docket Entry No. 74). Crompton Greaves responded, (Docket Entry No. 87); Shippers Stevedoring replied, (Docket Entry No. 95); Crompton Greaves surreplied, (Docket Entry No. 106); and Shippers...