Opinion
No. 529, Docket 75-7493.
Argued March 4, 1976.
Decided March 5, 1976.
William M. Kimball, New York City (Hervey C. Allen, Michael Marks Cohen and Burlingham, Underwood Lord, New York City, on the brief), for appellant.
Sidney A. Schwartz, Joseph Arthur Cohen, and Alexander, Ash, Schwartz Cohen, New York City, submitted a brief for appellee.
Appeal from the United States District Court for the Southern District of New York.
Before KAUFMAN, Chief Judge, and SMITH and ANDERSON, Circuit Judges.
We affirm the judgment below on the basis of the district court's opinion, 411 F.Supp. 331, except to the extent that it relies upon the Carriage of Goods by Sea Act, 46 U.S.C. § 1304(3). We consider the common law principles of tort and agency sufficient to support the conclusion that the shipper was not liable unless it or its agents were negligent. Accordingly, we need not pass upon the district court's holding that § 1304(3) precludes GTE from being held liable to Nederland for the injury caused by the negligence of Ainslie.