J. A. Woodworth and B. D. Elliott v. Tacoma Yacht Club

Woodworth and Elliott are boating members of the Tacoma Yacht Club. They kept their boats in their own boathouse moored in the club’s yacht harbor in Puget Sound. They paid moorage fees to the club.

In December, 1961, some of the boathouses had to be moved because of pile driving operations in the area of the Sound under the club’s control. The club’s servants moved the WoodworthElliott boathouse and boats to the adjoining Mo jean float area. Mo jean was a sub-lessee of his commercial area from the club.

Two days after the move was accomplished, a storm destroyed the Wood-worth-Elliott boathouse and severely damaged the two boats. This case followed, grounded in the admiralty jurisdiction of federal courts.

The district court found that the club’s servants were the negligent cause of the damage and that Woodworth and Elliott were not contributorily negligent. Opposite findings were also possible under the evidence. From where we sit, we cannot say the findings as made by the trial court were clearly erroneous.

But the district court found the club was excused from liability because of the exculpatory clauses on boats at the root of members’ applications for membership and…