Olsen v. United States Shipping Co.

Citations

• 195 F. 147
• 1912 U.S. Dist. LEXIS 1626

Syllabus

<p>1. Shipping (§ 49*)—Charters—Deduction ratox Charter Hire—Delay in Fitting Vessel.</p> <p>A steamer was delivered to a time charterer at New Orleans, and was directed to proceed, to Mobile to load a cargo of timber, and also to remove stanchions from the hold, so that the timber could be put in. When the vessel reached Mobile, the master refused to take out the stanchions until he cabled his owners, which required several days, when they were taken out. Held, that the charterer was entitled to deduct charter hire for the time of the delay, it being shown that it was customary to remove the stanchions for such cargoes, that it did not en-' danger the vessel, and that they could have been removed on the trip from New Orleans, without causing any delay.</p> <p>[Ed. Note.—For other cases, see Shipping, Cent. Dig. §§ 187-202; Dec. Dig. § 49.*</p> <p>Deductions and offsets from charter hire of vessel, see note to Tweedie Trading Co. v. George D. Emery Co., 84 C. C. A. 254.1</p> <p>2. Shipping (p 54*)—Charter—Liability for Injury to Vessel in Loading.</p> <p>A charterer is liable for injury caused to a vessel in loading a cargo of heavy timber in her hold.</p> <p>[Ed. Note.—-For other cases, see Shipping, Cent. Dig. §§ 219-221; Dec. Dig. P 54.*]</p> <p>3. Shipping (p 53*)—Charter—Improper Loading—Liability por Cargo Jettison i5i).</p> <p>A steamer was loaded by a time charterer in gulf ports with a cargo of timber for Scotland, including a deck load piled to a height of J5 feet aft and 17 feet forward. The master protested against the forward deck load on the ground that it rendered the vessel unstable and unseaworthy, but the charterer's agent insisted and had a survey made; the surveyors reporting that it could safely be taken. The underwriters also consenting and giving a certificate of seaworthiness, the master consented, but, after putting to sea, was compelled to jettison a part of the forward dec-k load to save the vessel. Held, that, under the circumstances, the