Matthias v. Beeche

Citations

• 111 F. 940
• 1901 U.S. Dist. LEXIS 108

Syllabus

<p>1. Shipping—Charter—Prior Representations.</p> <p>Representations made by a shipowner prior to a charter respecting the speed of his vessel, but which are not embodied in the charter, are superseded by that instrument, in the absence of fraud or mutual mistake;</p> <p>2. Same—Breach of Charter—Evidence Considered.</p> <p>Evidence considered, and held insufficient to sustain the claim of a charterer that the owner failed to maintain the vessel’s machinery in proper condition, as required by the charter, resulting in loss of speed, and consequent lengthening of the voyage.</p> <p>3. Same—Obligations of Owner under Charter—Furnishing Electric Lights for Discharge of Inflammable Cargo.</p> <p>It is doubtful whether a charterer can require the shipowner to furnish electric lights to facilitate the discharge of a cargo which by reason of its inflammable nature cannot be handled safely by the use of lamps, and, at any rate, a claim for damages for delay which might have been thereby prevented will not be allowed where no demand was made on the master to furnish such lights.</p>