English Elec. Valve Co., Ltd. v. M/V Hoegh Mallard, 814 F. 2d 84 - Court of Appeals, 2nd Circuit 1987

Plaintiff-appellant English Electric Valve Co., Ltd. ( EEV ) appeals from a judgment of the United States District Court for the Southern District of New York (Lasker, J.), after a non-jury trial, in favor of defendant-appellee Westwood Shipping Lines ( Westwood ). Judge Lasker ruled that EEV failed to establish a prima facie case under the Carriage of Goods by Sea Act ( COGSA ), 46 U.S.C. §§ 1300-1315 (1982 & Supp.1983), because it failed to establish that the cargo was damaged while in defendant carrier\u27s custody. Furthermore, Judge Lasker ruled that had EEV stated a COGSA claim, COGSA\u27s $500.00 per package liability limitation, 46 U.S.C. § 1304(5), would apply.Because it is now apparent that Westwood retained custody of the cargo from the time of its discharge from the ship throughout its storage on the quay, and because the water damage necessarily occurred during the ocean voyage or the storage period, we reverse the judgment of the district court and remand for judgment in the amount of $2,500.00 to be entered for appellant