Bethel v. Mellor & Rittenhouse Co.

Citations

• 131 F. 129
• 1904 U.S. Dist. LEXIS 186

Syllabus

<p>1. Shipping — Damage to Cargo — Liability fob Impbopfr Stowage.</p> <p>A provision of a cliarter party that the master shall employ the charterers’ stevedores at ports of loading, and discharge and pay them stated compensation, “the stevedores to be wholly under the direction and control of the master,” does not affect the liability of the ship or owners for improper stowage.</p> <p>2. Shipping — Limitation by Bill of Lading — Hakteb Act.</p> <p>A cargo of licorice root was damaged in shipment, because, in loading, the stevedores, who were under the direction and control of the master, broke open a large number of the bales and stored the root in unusual places, where it received injury. Held, that the ship was liable for the damage, and could not avoid such liability by a notation, placed on the bill of lading at the insistence of the master, stating that the ship was not responsible for broken or cut bales; such notation being void under section 1 of the Harter act (Act Feb. 13, 1893, 27 Stat. 445, c. 105 [U. S. Comp. St. 1901, p. 2946]), which makes it unlawful to insert in a bill of lading any clause relieving the ship from liability for damages “arising from negligence, fault, or failure in proper loading stowage,” etc.</p>