Morland Bros Beverage Co. & Ors. v. Federal Commerce & Navigation Ltd. & Ors (The Banija) - U.S. District Ct. (Northern Dist. of Illinois) (Plunkett J.) - 6 June 1984

Package limitation - Whether container is “customary freight unit”

In October 1980 containers of air heaters and heat recovery equipment, all belonging to the plaintiff, were loaded aboard the vessel Banija . The vessel was chartered by the defendants, who had issued the relevant bills of lading. After discharge, the plaintiff alleged that five of the 10 containers had been damaged while in the defendants’ possession. The damaged containers had been obtained from a third party and had been packed for shipment at the plaintiff’s premises. The air heaters and the heat recovery equipment had not been packaged in any way before being braced and blocked into place in the containers.