Chervy v. PENINSULAR AND ORIENTAL STEAM NAVIGATION COMPANY, LTD.
| Decision Date | 20 November 1964 |
| Docket Number | No. 62-1146.,62-1146. |
| Citation | 243 F. Supp. 654 |
| Court | U.S. District Court — Southern District of California |
| Parties | Raphael J. CHERVY and Dorothy E. Chervy, Libelants, v. PENINSULAR AND ORIENTAL STEAM NAVIGATION COMPANY, Ltd., and City of Long Beach, California, Respondents. PENINSULAR & ORIENTAL STEAM NAVIGATION COMPANY, Ltd., Cross-Libelants, v. Raphael J. CHERVY and Dorothy E. Chervy, Cross-Respondents. |
Musick, Peeler & Garrett, Los Angeles, Cal., for libelants.
Graham, James & Rolph, San Francisco, Cal., for respondents.
The court finds that libelants' status as passengers terminated the morning upon which the SS ARCADIA arrived at Long Beach. After libelants had left the ship and removed their luggage their rights to re-board the ship as passengers no longer existed. When they went aboard in the evening, they boarded not as passengers, but as guests. This being so, the respondents are entitled to rely upon the exculpatory provisions of the boarding pass as relieving them from ordinary acts of negligence.
Although the provisions of Title 46 U.S.C. § 183c prohibit the owners of vessels from inserting in any agreement to transport passengers, provisions purporting to relieve such owners from liability, such provisions were intended to apply as between common carrier and passengers. Moore v. American Scantic Line, 30 F.Supp. 843 (S.D.N.Y.1939), affirmed 121 F.2d 767 (2nd Cir. 1941). Arnstad v. United States, 68 F.Supp. 823 (W.D.Wash.1946). Language similar to that contained in § 183c has been held to apply only to passengers. Barrette v. Home Lines, Inc., 168 F.Supp. 141 (S.D.N.Y.1958); Mulvihill v. Furness, Withy & Co., 136 F.Supp. 201, (S.D.N.Y.1955).
The case of Lawlor v. Incres Nassau Steamship Line, Inc., 161 F. Supp. 764 (Mass.1958) cited by the libelants is not in point. The court said:
This is to say that the relationship of passengers and carrier, under that rule, exists from shore to ship and ship to shore. The opinion thereafter deals with the nature and extent of the duty of carrier to its passengers under circumstances quite dissimilar from the facts here in question.
In the present case the relationship of carrier to passenger had ceased and the libelant was a guest at the time of the injury.
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