Baltimore & Boston Barge Co. v. Eastern Coal Co.

Citations

• 195 F. 483
• 115 C.C.A. 393
• 1912 U.S. App. LEXIS 1403

Syllabus

<p>1. Surer ing (§ 54*)—Loss of Vessel by Time Chasteves—Negligent Tow-age.</p> <p>Where a time charter of a coal barge, by which the charterer became the bailee of the vessel, required the owners to supply the barge with a 10-inch 200-fathom hawser, and at the time of her loss through the negligent towage of the charterers’ tug she had two hawsers aboard, one of which was new, it was for the tug to determine which should be used: and, having used the old one, the charterer cannot avoid liability for the loss of the barge on the ground that the hawser was old and worn and that its parting contributed to the loss.</p> <p>[Ed. Note.—For other eases, see Shipning, Cent. Dig. §§ 219-221; Dec. Dig. § 54.*]</p> <p>2. Siiii’ping (§ 205*)—Loss of Cabgo of Tow -IÍak'Iep. Act.</p> <p>Section 3 of the Harter Act (Act Feb. 13, 1893, c. 105, 27 Stat. 445 [Ü. S. Comp. St. 1901, p. 29401), was not based upon a broad principle, but was intended only to govern the relations between a vessel and the cargo with which she is herself laden, and does not exempt the owner of a tug from liability for loss of the cargo of a barge through negligent towage, although such owner was also the owner pro hae vice of the barge, and was in fact the carrier of her cargo.</p> <p>[Ed. Note.—For other cases, see Shipping, Cent. Dig. §§ 641, 642; Dec. Dig. § 205.*]</p>