La Salle Machine Tool Co. v. Maher Terminals, Inc., 611 F.2d 56 (4th Cir. 1979) decided Dec. 20, 1979

Terminal operator liability not limited by Bill of Lading Clause or Tariff filed with F.M.C.

The shipper of a crate of machinery brought an action to recover $37,500 damages resulting from the negligent unloading of a 31,000 pound crate at the pierside warehouse prior to being loaded on an ocean carrier. The parties conceded that the result of using state law (Maryland), or federal law would be the same, accordingly no choice of law was made but the terminal operator, while conceding liability, argued that such liability would be limited to $500 in accordance with either a clause in the ocean bill of lading of the Soviet carrier (Balt-Atlantic) or a provision in the terminal operators’ associations’s tariff filed with the Federal Maritime Commission. The damaged crate was one of 114 crates of machinery being shipped, although no dock receipt or bill of lading had been issued governing the damaged crate prior to the damage. After the damage an ocean bill of lading listing the 113 undamaged crates was issued.