Varian Associates v. Compagnie Generale Transatlantique

Defendant, Compagnie Generale Transatlantique, a corporation, dba French Line (hereafter appellant or French Line) appeals from the trial court’s judgment awarding damages in the sum of $35,422.04 together with costs in favor of plaintiff, Varían Associates (hereafter respondent or Varían).

The stipulated facts reveal that on or about January 18, 1971, Varían contracted with French Line to ship a spectometer system packed in six separate boxes from Oakland, California, to Hamburg, West Germany, aboard appellant’s vessel, MS Michigan. The vessel made several scheduled stops between Oakland and Hamburg. In the course of the voyage, the cargo was shifted by the stevedores at various ports of call in connection with the discharge and loading of freight aboard the vessel. During the restowing of the cargo at Antwerp, the box containing an electro-magnet, a crucial part of the spectometer system, was damaged. As a result, the eiectro-magnet was rendered valueless, causing a total loss of $35,422.04.

The stipulated facts further disclose that the electro-magnet, which weighed 8,500 pounds, was carefully packaged, and that its weight and dimensions were stenciled on the outside…