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Ford Motor Company v. S.S. Santa Irene

United States Court of Appeals, Fifth Circuit
Feb 23, 1965
341 F.2d 564 (5th Cir. 1965)

Summary

holding no appellate jurisdiction over order concluding that each of the damaged automobiles was to be considered the "customary freight unit" within the purview of the Carriage of Goods by Sea Act, and damages could not exceed $500.00 per vehicle

Summary of this case from Cent. State Transit Leas. v. Jones Boat Yard

Opinion

No. 21553.

February 23, 1965.

Raymond T. Greene, Linwood Anderson, Gay, Anderson Greene, Miami, Fla., for appellant.

James F. Moseley, Clark W. Toole, Jr., Kurz, Toole, Maness Martin, Jacksonville, Fla., for appellees.

Before TUTTLE, Chief Judge, JONES, Circuit Judge, and GROOMS, District Judge.


The motion to dismiss the appeal was submitted along with the merits. We do not reach the merits since we are of the opinion that the motion is due to be granted.

A pre-trial order was issued by the court below wherein the court concluded that each of the damaged automobiles was to be considered the "customary freight unit" within the purview of the Carriage of Goods by Sea Act, 46 U.S.C.A. § 1304(5), and damages should not exceed $500.00 per vehicle.

The order appealed from is not reviewable under 28 U.S.C.A. § 1292(a)(3). Albatross Shipping Corporation v. Stewart, 5 Cir., 326 F.2d 208; King v. California Company, 5 Cir., 224 F.2d 193, opinion extended on rehearing, 236 F.2d 413; and Lissner and Company v. Oceanic Steam Navigation Company, 2nd Cir., 30 F.2d 290.

The motion to dismiss is

Granted.


Summaries of

Ford Motor Company v. S.S. Santa Irene

United States Court of Appeals, Fifth Circuit
Feb 23, 1965
341 F.2d 564 (5th Cir. 1965)

holding no appellate jurisdiction over order concluding that each of the damaged automobiles was to be considered the "customary freight unit" within the purview of the Carriage of Goods by Sea Act, and damages could not exceed $500.00 per vehicle

Summary of this case from Cent. State Transit Leas. v. Jones Boat Yard

holding that a pre-trial order that the $500 COGSA limitation applied was not appealable under 28 U.S.C. § 1292

Summary of this case from Bucher-Guyer AG v. The M/V Incotrans Spirit

In Ford Motor Co. v. S.S. Santa Irene, 341 F.2d 564, 564 (5th Cir.1965), our predecessor court assessed its jurisdiction under § 1292(a)(3) to decide an interlocutory appeal from a district court's determination that the limitation-of-liability provision in the Carriage of Goods at Sea Act, 46 U.S.C. § 1304 (1964), applied and limited liability to $500 for each injury. The Ford Motor Co. decision held that the application of the limitation-of-liability provision was not an immediately appealable order under 28 U.S.C. § 1292(a)(3).

Summary of this case from Wajnstat v. Oceania Cruises, Inc.
Case details for

Ford Motor Company v. S.S. Santa Irene

Case Details

Full title:FORD MOTOR COMPANY, Appellant, v. The S.S. SANTA IRENE, her boilers, etc.…

Court:United States Court of Appeals, Fifth Circuit

Date published: Feb 23, 1965

Citations

341 F.2d 564 (5th Cir. 1965)

Citing Cases

Wajnstat v. Oceania Cruises, Inc.

See id. In Ford Motor Co. v. S.S. Santa Irene, 341 F.2d 564, 564 (5th Cir.1965), our predecessor court…

Cent. State Transit Leas. v. Jones Boat Yard

In Albatross Shipping Corp. v. Stewart, 326 F.2d 208 (5th Cir. 1964), this court held that it did not have…