The Disa

Citations

• 153 F. 322
• 1907 U.S. Dist. LEXIS 282

Syllabus

<p>1. Shipping — Charter Hire — Time of Redelivery.</p> <p>Wliere, at the time of an oral charter of a steamer to carry a cargo of fruit at a monthly hire, she had- fittings for the cargo which had been left therein by a former charterer, and which, with, some additions, were also left by the later charterer when she was redelivered, the owner is not entitled to recover hire thereafter during the time of a dispute as to the duty of the charterer to remove such fittings.</p> <p>• [Ed. Note. — For cases in point, see Cent. Dig. vol. 44, Shipping, § 194.]</p> <p>2. Same — Breakdown oe Machinery — Liability for Incidental Loss to ■ Charterer.</p> <p>Under a charter of a steamer to proceed to Cuba for a cargo of fruit, which exempted the owner from liability due to any accident to the machinery, his failure to promptly notify the charterer of a breakdown at sea which delayed arrival at the port of loading for several days, did not render him liable for a loss of bananas which had been cut in anticipation of her earlier arrival; there being no provision of the charter requiring such notice.</p>