Citations
- 504 F. Supp. 209
Full opinion text
OPINION
TENNEY, District Judge.
This is an action brought by complainant Ta Chi Navigation (Panama) Corp., S.A. (“Ta Chi”) for exoneration of its steamship S.S. EURYPYLUS under the Fire Statute of the United States, 46 U.S.C. § 182, and for limitation of damages under 46 U.S.C. § 183. The action arises out of an explosion and massive fire on board S.S. EURYPYLUS on November 10, 1975 while the ship was at sea proceeding from Taiwan around the world. The explosion and fire resulted in the deaths of and injury to certain officers and members of the crew, and damages to cargo and belongings. As a result it became necessary to abandon the ship, and she became a constructive total loss. Various claimants have filed claims and answers denying Ta Chi’s right to exoneration and/or limitation of liability and seeking full recovery of their claims for cargo damage, personal injury, and salvage, but these claimants were enjoined from proceeding and their claims were consolidated in one action in accordance with 46 U.S.C. § 185. The issue of liability only has been tried by the Court. At the commencement of the trial, the personal injury and death claims were settled as between those claimants and Ta Chi.
FINDINGS OF FACT
1. This is a case of admiralty and maritime jurisdiction within the meaning of Rule 9(h) of the Federal Rules of Civil Procedure. This court has jurisdiction of this proceeding.
2. The petitioner, Ta Chi, is a corporation organized and existing under the laws of the Republic of Panama with its principal office and place of business in Taipei, Taiwan, and was at all material times hereto the owner of the steamship, S.S. EURY-PYLUS.
3. Cargo claimants are shippers and consignees who shipped cargo on board S.S. EURYPYLUS in accordance with the shipowner’s bill of lading and pursuant to the United States Carriage of Goods by Sea Act, 46 U.S.C. §§ 1300 et seq. (hereinafter “COGSA”).
4. The S.S. EURYPYLUS was a steel general cargo ship built in 1958 in Port Glasgow, Scotland under the requirements of the 1948 Safety of Life at Sea Act Convention and the requirements of the laws of the United Kingdom for merchant vessels. Originally the ship was named the S.S. MANGLA. The plans for the ship were approved by Lloyd’s Registry of Merchant Shipping with a 100A-1 classification. The ship had the following registered dimensions: length 151.49 meters (497 feet); beam 19.33 meters (63 feet); gross tonnage 8,601 tons; net tonnage 4,419 tons. The ship was equipped with two steam turbine engines generating 8,000 horsepower. She had a ’tween deck running the length of the ship, and há