The Mandu
United States Circuit Court of Appeals for the Second Circuit
102 F.2d 459, 1939 AMC 287 (1939)
- Written by Carolyn Strutton, JD
Facts
The Mandu, a Brazilian steamship, and the Denderah, a German steamship, collided in Brazilian territorial waters. The Denderah was sunk, and most of its cargo was lost. Great American Insurance Co. (Great American) (plaintiff) had insured cargo on the Denderah, paid out claims for the losses, and become subrogated to the shipper’s rights. Other insurers of cargo on the Denderah assigned their rights to Great American for value. Great American sued the owner of the Mandu (defendant) for these claims in federal district court. The owners of the Mandu asserted that Brazilian law should apply because the collision occurred in Brazilian territorial waters. Both Brazil and Germany were parties to the Brussels Collision Convention of 1910, and under that convention liability for collisions was to be divided between the vessels according to fault. Under United States law, an owner of cargo could recover full damages from either vessel regardless of the vessel’s proportion of fault. The district court overruled Great American’s objection to the application of Brazilian law and the Brussels Collision Convention, and Great American appealed.
Rule of Law
Issue
Holding and Reasoning (Patterson, J.)
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