GRACE LINE INC. v. TODD SHIPYARDS CORPORATION; HOME INSURANCE CO. AND ATLANTIC MUTUAL INSURANCE CO. v. GRACE LINE INC., THE SHIP "SANTA ANA", TODD SHIPYARDS CORPORATION AND SHIPOWNERS & MERCHANTS TOWBOAT CO. LTD.; COMMERCIAL INSURANCE CO. OF NEWARK v. SAME; ROYAL GLOBE INSURANCE CO. v. SAME 1 (THE "SANTA ANA")

[1975] 1 Lloyd's Rep. 276

UNITED STATES COURT OF APPEALS NINTH CIRCUIT

Before Circuit Judge Koelsch, Circuit Judge Carter and Circuit Judge Wallace

United States - Docks and harbours - Vessel colliding with drydock's concealed underwater projection - Whether drydock owners liable for damage caused to vessel - Whether vessel guilty of negligent navigation. United States - Bill of lading - Exclusion of liability - Limitation of liability - Clause incorporating provisions of U.S. Carriage of Goods by Sea Act, 1936 (46 U.S. Code s. 1300 et seq) and purporting to grant non-carrier immunity and right to limit liability to U.S. $500 per package - Cargo damaged after vessel collided with underwater projection of drydock - Whether dock owner immune from liability or entitled to limit liability - United States Carriage of Goods by Sea Act, 1936, ss. 3(6), 4(1), 4(2)(a), 4(2)(b), 4(2)(q) and 4(5).