Anvil Knitwear v. Crowley American Transport, Inc.
United States District Court for the Southern District of New York
2001 AMC 2382, 2001 WL 856607 (2001)
- Written by Ryan McCarthy, JD
Facts
Anvil Knitwear, Inc. (Anvil) (plaintiff) contracted with Crowley American Transport, Inc. (Crowley) (defendant) to ship containers of shirts from Central America to the United States. The bill of lading covering the shipment incorporated the Carriage of Goods by Sea Act (COGSA), 46 U.S.C. § 1300, et seq., and included an exceptions section setting out various causes of loss for which Crowley could not be held liable. One exception waived losses caused by thieves, hijackings, and armed robberies. While en route, the shirts were lost to thieves during a truck hijacking. Both parties agreed that Crowley’s agent, the truck driver, was not involved in the theft. Anvil brought suit in the United States District Court for the Southern District of New York for damages from the loss of shirts. Crowley moved for summary judgment.
Rule of Law
Issue
Holding and Reasoning (Buchwald, J.)
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