The Fri

Citations

• 140 F. 123
• 1905 U.S. Dist. LEXIS 79

Syllabus

<p>Shipping — Loss op Cargo Through Master’s Negligence — Liability op SHir.</p> <p>Where cargo was lost by the stranding of a steamship on a well-known and dangerous reef, which, with the controlling currents surrounding it, was shown by the master’s charts and book of instructions, the burden rests upon the owners, in order to absolve themselves from liability under section 3 of the Harter act (Act Feb. 13, 1893, c. 105, 27 Stat. 445 [U. S. Comp. St. 1901, p. 2946]), on the ground that they exercised due diligence to make the vessel in all respects seaworthy and “properly manned,” to ¡ show that the master was not only competent, but that he was habitually diligent in attending to his duties, or that they had the right to so believe after the exercise of due diligence to ascertain his qualifications. There is no presumption that they exercised the required diligence, and, in the absence of any evidence on the subject, the vessel is liable for the consequences of the master’s negligence or incompetency.</p>