Travelers Indemnity Company v. The Vessel Sam Houston, and Waterman Steamship Corporation

Opinion by Judge WIGGINS

This action arose when a barge owned and operated by appellee sank in the inner harbor of Alexandria, Egypt. The barge was carrying machinery and materials for appellant’s assured. Appellant sustained a loss of $1,174,876 when a portion of the cargo was lost or damaged. Appellant brought suit against appellee in federal district court. Appellee moved twice for partial summary judgment. The district court found that the $500 per package or per customary freight unit limitation on liability, set forth in the Carriage of Goods by Sea Act (COGSA), controlled. See 46 U.S.C. §§ 1300-1315 . In addition, the district court found that 77 “packages” were damaged or lost. Thus, the district court granted appellee’s motions for partial summary judgment and entered final judgment against appellee for $38,500. Appellant appeals this final judgment. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We affirm.

I.

In December 1989, appellant’s assured, L.A. Water Treatment Corporation, delivered machinery and equipment to appellee Waterman Steamship Corporation for carriage from Louisiana to Alexandria, Egypt. The shipment consisted of steel, valves, pumps and other…