Thyssen Inc. v. S/S Eurounity

21 F.3d 533, 1994 AMC 1639 (1994)

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Thyssen Inc. v. S/S Eurounity

United States Court of Appeals for the Second Circuit
21 F.3d 533, 1994 AMC 1639 (1994)

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Facts

Thyssen, Inc. (plaintiff) purchased steel in Europe to resell in the United States. Thyssen made arrangements to have the steel transported on the S/S Eurounity, which was chartered by Atlantic Lines S.A. (Atlantic) and owned by Licetus Shipping, Inc. (Licetus) (defendants). The Eurounity encountered a severe storm on the voyage, with force 10 to force 11 winds, waves between 10 and 11.5 meters tall, and chaotic cross-seas. During the storm, seawater entered the cargo holds through the cargo hatches and damaged the steel. The damages resulted in a lower sales price for Thyssen. Thyssen brought a claim against the Eurounity, Atlantic, and Licetus under the Carriage of Goods at Sea Act (COGSA) for the losses. The district court found that Thyssen had established a prima facie case for the loss and that the Eurounity, Atlantic, and Licetus had failed to prove that the damage was caused by a peril at sea. The court awarded damages to Thyssen, and the Eurounity, Atlantic, and Licetus appealed.

Rule of Law

Issue

Holding and Reasoning (Miner, J.)

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