The C. W. Elphicke

Citations

• 117 F. 279
• 1902 U.S. Dist. LEXIS 72

Syllabus

<p>1. Shipping—Damage to Cargo—Liability of Ship.</p> <p>Where cargo was injured after it was received on board a vessel, and before its delivery, the burden of proof rests upon the carrier to' show that the vessel was in all respects seaworthy at the commencement of the voyage, before it can invoke the provisions of section 3 of the Harter act, giving exemption from liability for losses arising from dangers of the sea.</p> <p>2. Same—Seaworthiness—Requirement of Harter Act.</p> <p>A shipowner does not comply with the requirement of section 3 of the Harter act, so as to be- entitled to the exemptions therein provided, by merely furnishing proper equipment of the vessel prior to the commencement of the voyage, but he is bound to see that his servants exercise due diligence in its use to make the vessel seaworthy at the time the voyage actually commences.</p> <p>8. Same—Insufficient Hatch Coverings.</p> <p>A steamship carried a cargo of flaxseed from Duluth to Buffalo in November, and on her arrival the seed was found to have been damaged by water, chiefly under the hatches. She encountered a severe storm on the voyage, during which the seas came over her deck, but such storms were to have been expected at the season. Previous to the voyage she had been engaged for a considerable time in carrying ore, and there was evidence which justified a finding that her hatch coamings and covers had been injured in loading and unloading, and had not been repaired, and also that the tarpaulins and strong hacks were not in good condition. Held, that she was not in seaworthy condition at the commencement of the voyage, taking into consideration the cargo carried and the season, and that such fact was a proximate cause of the cargo damage, which rendered her liable therefor.</p>