Green Truck Sales, Inc. v. Høegh Lines

Plaintiff, the owner of certain machinery and spare parts, contracted with defendants for carriage of these chattels from Aden, Arabia, to the Port of New York. The cargo was properly packed and delivered to the defendants’ ship, H/zfegh Trader. Some of the large, heavy machinery was to be carried, and was carried, as deck cargo. The spare parts and smaller pieces of machinery were crated and stowed in the cargo holds of the vessel.

Enroute to New York the ship encountered some exceedingly rough weather. A hurricane of sufficient magnitude to be named 1 influenced the heavy weather unfavorably and some of the deck cargo was washed overboard, taking with it a section of the ship’s railing. Other items of deck cargo were damaged by the movement of the machinery as it left the space to which it had been firmly lashed. The Court finds that the damage to the part of the deck cargo which was damaged and the total loss of other deck cargo was caused solely by act of nature and plaintiff cannot recover from defendants for that loss.

The crated cargo arrived safely in the Port of New York. Longshoremen then undertook to unload it. With minor exceptions (not here involved) it was lifted…