American Sugar Refining Co. v. Rickinson

Citations

• 120 F. 591
• 1903 U.S. Dist. LEXIS 372

Syllabus

<p>1. Shipping — Damage to Sugar Cargo — Unseawosthiness of Vessel.</p> <p>Sugar cargo stowed in a hold was damaged during a voyage by seawater, which leaked from a water-ballast tank, through a manhole, opening into the hold. After the vessel sailed, the valve admitting water to the tank was opened, and negligently allowed to remain open longer than necessary to fill the tank, and it was during the time it was so open that the leak was discovered. But it appeared that while in-port the manhole cover had been taken off and replaced, and it was not shown that before sailing it was tested with such pressure as it was-afterward subjected to. Held, that the damage must be attributed to the unseaworthy condition of the vessel at the commencement of the voyage, due to negligence, for which the owners were not exempted from liability by the Harter act (27 Stat. 445 [U. S. Comp. St 1901,. p. 2946]).</p> <p>¶ 1. Statutory exemption of shipowners from liability, see note to Lloyd v. Insurance Co., 49 C. C. A. 11.</p>