Crescent City Transp. Co. v. Townsley

Citations

• 111 F. 542
• 1901 U.S. Dist. LEXIS 97

Syllabus

<p>1. Shipping— Oiiarter Demising Ship for Term—Liability for Wrongful Act of Officers.</p> <p>By a time charter the owner agreed to let and hire to the charterer the whole of a steamship, with her tackle, apparel, furniture, etc., for the term of four months, at a stated rental, to be employed by the charterer between the port of Seattle and Alaskan ports. She was to be delivered to the charterer at Seattle in good order and repair, and redelivered to the owner there at the end of the term in the same good condition, with certain exceptions of usual wear and tear and damages arising from sea perils and inevitable casualties. The charterer was to have “full charge of the vessel during the continuance of the charter-party”; to pay all bills and expenses incurred in her operation, including the wages of the master, officers, and crew; to protect her from all liabilities, and to have all her earnings of whatever description. The master, chief engineer, and steward wore to be appointed by the owner, but “to be in all respects under the orders and direction of the charterer,” and subject to removal on his complaint, if found to be justified. It was further provided that, in case the charterer should fail to pay the rental at the times specified, or the operating expenses, including wages, the owner should have the right to retake possession, and that on his request the master should hold possession of the ship as his representative'. Held, that sneli charter constituted a demise of the vessel, which placed the charterer in possession, as owner, for the voyages made during the term, and that, lie could not hold the vessel liable .by a proceeding in rem for loss or damages occasioned by the malfeasance or wrongful acts of the master or steward while so in 1ns service.</p> <p>2. Same—Construction op Charter.</p> <p>A provision of such charier, giving the master authority to control the operations of the vessel in towing barges, and expressly exempting the owner from liabili