UNITED STATES OF AMERICA v. FARR SUGAR CORPORATION AND OTHERS.

[1951] 2 Lloyd's Rep. 432

UNITED STATES.CIRCUIT COURT OF APPEALSFOR THE SECOND CIRCUIT.

Before Circuit Judges Swan, Augustus N. Hand and Clark.

Bill of lading-"Both-to-Blame" Collision Clause - Validity in United States - Damage to cargo shipped under bills of lading containing "Both-to-Blame" clause-Claim by cargo-owners against non-carrying ship - Recovery by non-carrying ship against carrier in respect of payments made to cargo-Right of carrier to indemnity by cargo-owners under "Both-to-Blame" clause - Appeal by cargo-owners against decision of District Court holding that cargo-owners were liable to indemnify carrier - Plea that "Both-to-Blame" clause was invalid and that it was contrary to public policy in United States -Alleged unreasonableness of provision limiting carrier's liability and restricting cargo-owners' rights-Harter Act, 1893, Sect. 3-U.S. Carriage of Goods by Sea Act, 1936, Sects. 3 (8), 4 (2) (a).