The Burma

Citations

• 187 F. 94
• 110 C.C.A. 330
• 1911 U.S. App. LEXIS 4487

Syllabus

<p>1. Admiralty (§ 66*) — Pleading—Amendment oe Libel.</p> <p>In a suit by a charterer against the owner for deceit in making a false representation in the charter party, libelant was not entitled to amend the libel, to charge that the representation was a warranty, on the trial, after a large amount of testimony had been taken on the cause of action originally stated.</p> <p>[Ed. Note. — For other cases, see Admiralty, Cent. Dig. §§ 519-538; Dec. Dig. § 66.*]</p> <p>2. Shipping (§ 51*) — Construction of Charter Party — Injury to Vessel.</p> <p>A provision in a charter party, requiring the owner to maintain the vessel “in a thoroughly efficient state in hull, machinery, and equipment for and during the service,” is broken, where the machinery of the vessel is disabled or rendered inefficient during the voyage through the inability of the engineers to properly use the coal furnished by the charterer, which was of the kind commonly used by steamers trading to the ports where it was supplied; nor is the owner exempted from liability for such breach of contract by a further provision mutually excepting, among other things, “all dangers and accidents of * * * steam navigation and errors of navigation,” the exception in relation to steam navigation not Including the results of negligence or incompetency of those in charge of the navigation.</p> <p>TEd. Note. — For other eases, see Shipping, Cent. Dig. §§ 203-210; Dec. Dig. § 51.*]</p> <p>3. Shipping (§ 51*)— Charter — Construction.</p> <p>The fact that the charterer of a steamer is required by the charter to furnish the coal does not make the engineers and fireman using it his servants.</p> <p>[Ed. Note. — For other cases, see Shipping, Cent. Dig. §§ 203-210; Dee. Dig. § 51.*]</p> <p>4. Shipping (| 58*) — Charter—Uiability of Owner foe Failure to Make Speed.</p> <p>Evidence considered, and held insufficient to establish that the inability of a steamer to make her usual speed, or that which the charter stated she could mak