Legal Opinion
Chervy v. PENINSULAR AND ORIENTAL STEAM NAVIGATION COMPANY, LTD.
District Court, S.D. California
Decided November 20, 1964No. 62-1146PublishedCited by 5 opinions
1Opinion of the Court
CURTIS, District Judge.
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 en titled 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…
2Cases cited11 opinions
- Baltimore & Ohio Southwestern Railway Co. v. VoigtSupreme Court of the United States · 1900
- Santa Fe, Prescott & Phœnix Railway Co. v. Grant Bros. Construction Co.Supreme Court of the United States · 1913
- Moore v. American Scantic Line, Inc.Court of Appeals for the Second Circuit · 1941
- Mulvihill v. Furness, Withy & Co.District Court, S.D. New York · 1955
- Lawlor v. Incres Nassau Steamship Line, Inc.District Court, D. Massachusetts · 1958
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3Cited by5 opinions
- Carlisle v. Ulysses Line Ltd., SADistrict Court of Appeal of Florida · 1985
- Borden v. PhillipsDistrict Court of Appeal of Florida · 2000
- Courtney v. Pacific Adventures, Inc.District Court, D. Hawaii · 1998
- In re the complaint of Royal Caribbean Cruises Ltd.District Court, S.D. Florida · 2013
- Johnson v. Royal Caribbean Cruises, Ltd.District Court, S.D. Florida · 2011