BUREAU OF UNEMPLOYMENT COMPENSATION

v.

INDEPENDENT GASOLINE CO., INC.

Citator

Cited By

• The Ingersoll Milling Mach. Co. v. M/V Bodena, 829 F.2d 293 (2d Cir. 1987)
  …from the carrier a document which either specifically notes that stowage is under deck, see Thyssen, Inc. v. S.S. Fortune Star, 777 F. 2d 57, 59 (2d Cir.1985), or is silent as to stowage, see The Idefjord, 114 F. 2d 262, 266 (2d Cir.), cert, denied, 311 U.S. 707, 61 S.Ct. 175, 85 L.Ed. 459 (1940). If the document is silent as to stowage, the assumption is that the goods have been stowed below deck. In other words, a request for a “clean” bill of lading is an implied request for stowage below deck. Ingersol…
• Thyssen, Inc. v. S.S. Fortune Star, 777 F.2d 57 (2d Cir. 1985)
  …he risk of damage to its shipment,” he regarded it as “inappropriate to award merely contract damages where the conduct of the vessel indeed worked a fraud upon the owner of the cargo,” citing The Idefjord, 114 F. 2d 262, 266 (2 Cir.), cert. denied, 311 U.S. 707, 61 S.Ct. 175, 85 L.Ed. 459 (1940), and awarded punitive damages of $25,000. 596 F.Supp. at 866-67. TIL contends on appeal that plaintiffs evidence did not support the amount awarded as compensatory damages and that the award of punitive damages was…

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• Kornicki v. Calmar S.S. Corp. v. Jarka Corp. OF Philadelphia, 460 F.2d 1134 (3d Cir. 1972)
  …his ruling was incorrect. Testimony with respect to circumstances that are the undesigned incidents of a litigated fact is admissible, although hearsay, as a part of the res gestae. Reading Co. v. Larkin, 114 F. 2d 416 (3d Cir. 1940), cert. denied, 311 U.S. 707, 61 S.Ct. 175, 85 L.Ed. 459 (1940).5 The res gestae hearsay exception is based on the experience that, under certain circumstances of physical shock or stress, nervous excitement may be produced which stills the reflecting faculties of the declarant…