In the 1948 case Fink v. Shepard Steamship Co., the U.S Supreme Court addressed a dispute over compensation for damages incurred during World War II. The plaintiff, Fink, was an owner of cargo that had been destroyed while being transported on one of Shepard Steamship Company's vessels due to enemy action in wartime. The defendant argued that under the Carriage of Goods by Sea Act (COGSA), they were exempt from liability because the damage resulted from "perils, dangers and accidents of the sea." However, Fink contended that this exemption did not apply as there was negligence on part of Shepard’s crew who failed to take adequate precautions against such attacks. The court ruled in favor of Shepard Steamship Co., stating that COGSA does indeed provide immunity to carriers from liability for losses resulting from dangers inherent in maritime transportation during war times - even if reasonable care could have potentially prevented those losses. This decision established a precedent regarding carrier liabilities and responsibilities under COGSA.

In the dissenting opinion for Fink v. Shepard Steamship Co., Justice Jackson argued that the majority's decision to allow a seaman to sue his employer for injuries sustained on board due to negligence was an overextension of federal power and inconsistent with maritime law tradition. He pointed out that historically, ship owners were only held liable if they failed in their duty to provide seaworthy vessels or maintain safe working conditions, not for every accident or injury occurring onboard. Furthermore, he contended that this ruling would place American shipping companies at a competitive disadvantage internationally as foreign ships could operate under less stringent liability laws. Lastly, he expressed concern about potential abuse of such broadened liability rules by unscrupulous claimants seeking unjust enrichment through fraudulent claims.