Contract Of Carriage

116 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Boehnen v. Carnival Cruise Lines, Inc.
  778 So. 2d 1084· Fla. 3d DCA· 2001-03-07
  Vivian and Tonya Boehnen appeal the dismissal of their maritime personal injury suit arising from sexual assault during a cruise. The court reverses, holding that a mentally incompetent person without a legal guardian is protected by federal maritime law and may bring suit within
• Realini v. Contship Containerlines, Ltd.
  143 F. Supp. 2d 1337· S.D. Fla.· 1999-07-07
  The court affirmed partial summary judgment for the plaintiff on liability and denied partial summary judgment for the defendant on damages, finding that the issue of whether the yacht constituted a single package for liability limitation purposes required further factual develop
• McDowell v. Cont'l Airlines, Inc.
  54 F. Supp. 2d 1313· S.D. Fla.· 1999-04-07
  The court held that the continuation of an international flight to its scheduled destination, even if a passenger suffers a medical emergency, does not constitute an 'accident' under Article 17 of the Warsaw Convention, and Article 25 does not create a separate cause of action.
• Hampton v. Fed. Express Corp.
  917 F.2d 1119· 8th Cir.· 1990-10-29
  A common carrier may limit its liability under the released value doctrine if the shipper is given a reasonable opportunity to declare a higher value and pay an additional fee, even if the plaintiff was not a party to the contract.
• Santo J. Ruiz and Lloyd H. English v. People Express Airlines, Inc.
  802 F.2d 1508· 4th Cir.· 1986-10-09
  The court held that the airline was not liable for negligence, breach of contract, false arrest, or fraudulent misrepresentation, and that the searches were reasonable under the Fourth Amendment.
• Venezolana Internacional de Aviacion, S.A. v. Outboard Marine Dom. Int'l Sales Corp.
  450 So. 2d 1237· Fla. 3d DCA· 1984-06-05
• Loomis v. SS Santa Rosa
  447 F.2d 105· 9th Cir.· 1971-07-14
  The court held that the contractual time limitation clause in the passenger ticket did not apply to the in rem claim against the vessel, and therefore dismissal of that claim was error.
• Seaboard AIR Line R.R. Co. v. United States
  216 F.2d 855· 4th Cir.· 1954-11-08
  The court held that the deletion of a condition on a government bill of lading was not valid without positive evidence of government consent, and thus the carrier could not rely on the deletion to avoid time limitations for claims.
• O'Brien v. Pub. Serv. Taxi Co.
  178 F.2d 211· 3d Cir.· 1949-12-07
  A common carrier is liable for an assault by its employee on a passenger during the contract of carriage, even if the employee is the direct perpetrator.
• Woods MFG. Co. v. Canadian Pac. Ry. Co.
  151 F.2d 711· 2d Cir.· 1945-11-09
  Prepaid freight is earned and not recoverable when the ship and cargo are lost, according to English law and the terms of the bills of lading.
• United States v. Grain Importers (Eire)
  144 F.2d 921· 1st Cir.· 1944-08-25
  The court held that the presumption of a proctor's authority to act for a client applies even in wartime, and that affidavits provided sufficient evidence of authority and ratification for a settlement, justifying present payment from the vessel compensation fund.
• Seaboard Air Line Ry. Co. v. France
  92 Fla. 1102· Fla.· 1926-12-17
  This case concerns a shipper's claim against a railway company for the value of watermelons that were sold by the carrier due to non-delivery. The court found that the shipper's own negligence in failing to provide a Jacksonville address and follow up on delivery prevented recove
• The S. Express Co. v. Doctor Samuel VanMeter
  17 Fla. 782· Fla.· 1880-06-01
  The Southern Express Company appealed a judgment holding it liable for delivering a money package to an imposter rather than the rightful owner, Dr. Samuel VanMeter. The court affirmed, establishing that express companies as personal delivery carriers owe a strict duty to deliver