The Lockport

Citations

• 197 F. 213
• 1912 U.S. Dist. LEXIS 1410

Syllabus

<p>1. Shipping (§ 121*) — Contract of Affreightment — Warranty of Seaworthiness.</p> <p>A warranty in a contract of affreightment that the vessel is tight, staunch, strong, and in every way fitted for the voyage is an absolute warranty of fitness for the service contracted for, both as to the structure and equipment, even against latent defects.</p> <p>LEd. Note. — For other cases, see Shipping, Cent. Dig. §§ 225, 419-151, 496; Dec. Dig. § 121.*J</p> <p>U. Shipping (| 132*) — Damage to Cargo — Liability of Carrier.</p> <p>Under a bill of lading acknowledging the receipt of cargo in good order and condition, and undertaking to deliver it in like order and condition, dangers of the sea only excepted, the burden rests on the carrier to show that damage to the cargo was occasioned by perils for which it was not responsible.</p> <p>[Ed. Note. — For other cases, see Shipping, Cent. Dig. §§ 471-A87; Dec. Dig. § 132.*)</p> <p>3. Shipping (§ 132*) — Damage to Cargo — Liability of Vessel — TJnseawortjiinkss.</p> <p>Evidence considered, and held to show that damage by water to a cargo of fertilizer, carried by respondent’s barge from Baltimore to Salem, N. J., was due to the unseaworthiness pZ the barge, because of an old crack in the keelson and rotten floor timbers, for the carriage of the cargo shipped, whether the leakage occurred during the voyage, or while lying at the wharf to unload, where she lay on the bottom at low tide, as was customary and expected with vessels 'of her draft.</p> <p>[Ed. Note. — For other cases, see Shipping, Cent. Dig. §§ 471-487; Dee. Dig. § 132.*]</p>