Chervy

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 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…