Mississippi Shipping Co. v. Zander & Co.

270 F.2d 345, 1959 AMC 2143 (1959)

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Mississippi Shipping Co. v. Zander & Co.

United States Court of Appeals for the Fifth Circuit
270 F.2d 345, 1959 AMC 2143 (1959)

CS

Facts

Mississippi Shipping Co. (defendant) owned the Del Sud, a large cargo ship that carried cargo from South America to the United States. The Del Sud was on a multi-port journey to New Orleans and had already loaded cargo in a number of ports when it stopped in Santos, Brazil, to pick up additional cargo. As the Del Sud was leaving the dock in Santos, part of the ship rolled down onto the dock, causing a fracture in the hull. The crew did not notice the fracture, and the Del Sud continued on to Rio de Janeiro, where additional cargo was loaded. The crew noticed at that point that substantial amounts of water were entering the bilges but failed to discover the fracture causing the leak. The ship continued to New Orleans, where cargo was found to have been damaged by seawater. Zander & Co. and other owners of the damaged cargo (the cargo owners) (plaintiffs) sued Mississippi Shipping for the damaged cargo. The district court ruled for the cargo owners, holding that Mississippi Shipping had failed to exercise due diligence to ensure that the vessel was seaworthy. Mississippi Shipping appealed.

Rule of Law

Issue

Holding and Reasoning (Brown, J.)

Dissent (Hutcheson, J.)

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