Western Gear Corporation v. States Marine Lines, Inc.

This is an appeal from a summary judgment granted to States Marine Lines, Inc. upon the ground that the cause of action was barred by the applicable statute of limitations found in the Carriage of Goods by Sea Act [ 46 U.S.C.A. § 1303 (6)]. We affirm.

Appellant, Western Gear Corporation, manufactured certain Bares (Barge, Amphibious Re-Supply Craft) for the United States Army. A Bare is a large four-wheeled, two-propellered cross between a truck and a lighter, 61 feet long, 26 feet wide, weighing 90 tons. On March 10, 1963, Bare No. 26 was shipped at Seattle, Washington, by Western Gear Corporation aboard Marine Lines ship SS P & T Navigator consigned to Appellant at New Orleans, Louisiana, under bill of lading 206-1395, which recited the scheduled date of arrival at New Orleans as March 25, 1963. On March 11, 1963, Bare 26 was washed overboard off the Washington Coast. The Coast Guard recovered the Bare and returned it to Western Gear Corporation. The extensive damages were repaired and on August 6, 1963, Bare 26 was again loaded at Seattle, this time aboard Marine Lines ship SS Copper State, destined for New Orleans under bill of lading 206-2943. It was delivered at New Orleans…