Reaves v. Waterman

Citations

• 29 S.C.L. 197

Syllabus

<p>1. Plaintiff shipped goods on board a vessel belonging to defendant, which, by the bill of lading, were to be delivered in Georgetown, “the dangers of the sea only excepted,” but which the consignee refused to receive, in consequence of their damaged condition. In an action against the owner of the vessel for the loss of the goods, the defence was, that the loss of the vessel was occasioned by the shifting of a buoy, which had been placed in a particular position, to indicate a particular channel. The proof was, that the buoy was in its proper place when the master left the port, but sometimes drifted, which had actually occurred, to the extent of one hundred and fifty or two hundred yards, some ten or fifteen days before the vessel was stranded; that the master, in approaching the harbor, steered for the buoy, which was visible, supposing it to be where he had left it; that when within a few lengths of the vessel of this object, and upon perceiving that it was wrong, he attempted to turn the vessel, but in doing so, her keel struck, by which the loss was occasioned.</p> <p>2. It was held that the excuse set up by the defendant, did not constitute one of those perils that come within the proper meaning of the exceptions to the liability of common carriers, which are called “acts of God, or unavoidable perils of the sea.”</p>