Question: In J . Gerber & Co . v . SS Sabine Howaldt, a lawsuit brought by the owner of cargo ( steel products ) against
In J Gerber & Co v SS Sabine Howaldt, a lawsuit brought by the owner of cargo steel products against an ocean carrier for damage to the cargo caused by sea water and moisture, the court ruled that:
a the turbulent seas and high winds were not sufficiently severe to constitute a "peril of the sea" under COGSA.
b the carrier was liable because the vessel was not seaworthy when it left port.
c the carrier was liable because it had not used usual good seamanship in handling the vessel.
d the carrier was not liable because it proved that the damage was caused by a peril of the sea.
e none of the above.
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