Hoegh Lines v. Green Truck Sales, Inc.

The Hoegh Lines appeal from a judgment in favor of Green Truck Sales, Inc., for damages to spare truck and crane parts shipped on the HOEGH TRADER from Aden, Arabia, to the Port of New York.

Green Truck Sales, appellee, is a California corporation which deals in surplus heavy equipment throughout the world. In May, 1956, it purchased from agents for the British Petroleum Company, Ltd., at a fraction of their original cost, eight Lima cranes and seven heavy trucks, in addition to a large quantity of new and used spare parts. In negotiating with appellants’ general agents, the Kerr Steamship Company, appellee offered to pay $34,000.00 for the carriage of the equipment and spare parts from Aden to New York. The appellants accepted the offer, but the freight charge was increased to $41,500.00 when two additional cranes and three more trucks were added. The freight was not calculated upon any existing or customary freight unit with respect to weight, measurement, or number of cases or packages.

The spare parts which are the subject of this appeal were packed in wooden cases prepared under appellee’s direction and were carried below deck on the HOEGH TRADER. They were damaged while…