The Jean Bart

Citations

• 197 F. 1002
• 1911 U.S. Dist. LEXIS 36

Syllabus

<p>1. Shipping (§ 137*) — Damage to Cargo — Liability op Vessel — Harter Act.</p> <p>The due care required of a shipowner to render the vessel seaworthy at the beginning of a voyage, in order to entitle him to the benefit of the exemption from liability for injury to cargo under Harter Act Feb. 13, 1893, c. 105, § 3, 27 Stat. 445 (U. S. Comp. St. 1901, p. 2946), must have reference to the nature of the cargo and of the voyage, and must take into account the conditions in respect to weather and temperature reasonably to be anticipated on the voyage if the cargo is of a character to be affected thereby.</p> <p>[Ed. Note. — For other cases, see Shipping, Cent. Dig. § 492; Dee. Dig. § 137.*]</p> <p>2. Shipping (§ 137*) — Damage to Cargo — Liability op Vessel — Harter</p> <p>Act — “Fault in Management op Vessel” — “Negligence, Fault, or Failure.”</p> <p>The negligent failure of the master of a vessel to make proper use of the ventilating apparatus during the course of a five months’ voyage, by reason of which, and the presence, in the cargo of a large quantity of coke, the wicker or straw coverings on a large number of wine bottles were sweated and ruined, was not a fault or error in the .management of the vessel, within the meaning of Harter Act Feb. 13, 1893, c. 105,</p> <p>§ 3, 27 Stat. 445 (U. S. Comp. St. 1901, p. 2946), but “negligence, fault, or failure in proper * * * care of * * * merchandise or property” within section 1, for which the owner of the vessel is liable.</p> <p>[Ed. Note. — For other cases, see Shipping, Cent. Dig. § 492; Dec. Dig. • -§ 137.*</p> <p>Statutory exemptions of shipowners from liability, see notes to Nord-Deutscher Lloyd v. President, etc., of Insurance Co. of North America, 49 C. C. A. 11; Ralli v. New York & T. S. S. Co., S3 C. C. A. 294.]</p>