SOMMER CORPORATION v. PANAMA CANAL COMPANY

[1974] 1 Lloyd's Rep. 287

UNITED STATESCOURT OF APPEALS(FIFTH CIRCUIT)

Before Chief Judge Brown, Circuit Judge Godbold and Circuit Judge Simpson

United States - Bill of lading - Limitation of liability - Power station to be constructed at Balboa in Panama Canal Zone - Contractors' materials to be carried free on Panama Canal Company's vessel from New Orleans to Cristobal - Contractors to pay handling charges at Cristobal as per Company's tariff - Tariff limiting Company's liability to $500 in case of damage to goods - Transformer fins loaded at New Orleans for delivery at Balboa - Discharged in good condition at Cristobal but found damaged later - Whether Company could plead limitation provision in tariff - United States Carriage of Goods by Sea Act, 1936 (46 U.S. Code) s. 1300 et. seq.