International Navigation Co. v. Farr & Bailey Manufacturing Co.

Citations

• 181 U.S. 218
• 21 S. Ct. 591
• 45 L. Ed. 830
• 1901 U.S. LEXIS 1360

Syllabus

<p>The Harter act, so-called, does not relieve tlie ship owner from liability for damages caused by tlie unseaworlhy condition of bis ship at the commencement of her voyage.</p> <p>Nor is the ship owner exempted from liability under that aqt, “ for damage or loss resulting from faults or errors of navigation, or in the management of said vessel,” unless it appears that she was actually seaworthy when she started or that the o.wner had exercised due diligence to make ■ her so in all respects.</p> <p>The mere fact that the owner provides a vessel properly constructed and equipped is not conclusive that the owner has exercised due diligence within the meaning of the act, for the diligence required is diligence on the part of all the owner’s servants in the use of the equipment before the commencement of the voyage and until it has actually commenced; and the law recognizes no distinction founded on the character of the servants employed to accomplish that result.</p> <p>Whether a ship is reasonably fit to carry her cargo is a question to ho determined on all the facts and circumstances, and the difference in the facts of this case from those in The Silvia, 171 U. S. 462, was such that the Court of Appeals was at liberty to reach a different result.</p>