Merritt v. Sprague

Citations

• 191 F. 627
• 1911 U.S. Dist. LEXIS 126

Syllabus

<p>1. Wharves (| 20*) — -Injuries to Vessels — Evidence—Absence of Other Injuries.</p> <p>In a suit to recover for injury to a vessel while in a dock discharging, from settling on the bottom, where it is shown that the condition of the bottom was dangerous to vessels and could have been readily discovered and remedied by proper examination, evidence that others had discharged there in safety is of little probative value.</p> <p>[lid. Note. — For other cases, see Wharves, Dec. Dig. § 20.*]</p> <p>2. Shipping (§ 54*) — Charter—Liability of Charterer for Injury to Vessel-Unsafe Berth.</p> <p>Under a charter party requiring the charterer to “guarantee a safe and suitable berth for loading and discharging with sufficient water- for reaching it and lying therein safely,” the charterer is liable for an injury to the vessel while lying at the dock assigned her for discharging by reason of boulders and stones on the bottom upon which she rested at low tide, and it is no defense that he had no actual knowledge of the condition of the bottom.</p> <p>[Ed. Note. — For other eases, see Shipping, Cent. Dig. §§ 219-221; Dec. Dig. § 54.*]</p> <p>3. Shipping (§ 54*) — -Charter—Injury to Vessel from Unsafe Berth — Contributory Fault.</p> <p>The master Of a vessel, in placing her in a dock for discharging wiih which he is himself unacquainted, but which is designated by the charterer, has the right to assume that the dock is suitable and safe, and is not chargeable with contributory fault for her injury because of the dangerous condition of the bottom.</p> <p>[Ed. Note. — For other cases, see Shipping, Dee. Dig. § 54.*]</p>