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· 7/7/1904

The Valentine

Citations

  • 131 F. 352
  • 1904 U.S. Dist. LEXIS 198

Syllabus

<p>1. Shipping — Loss op Cargo — Negligence—Statutes.</p> <p>Where the owner of a vessel, while in her home port, permitted all of her crew to leave for the night, except the fireman, cook, and a deck hand, and permitted them to sleep without maintaining a proper watch, and the fires to be banked so that no steam was available to work the pumps in case of an emergency, he was guilty of negligence, rendering the vessel liable for loss of cargo by the sinking of the vessel from injuries caused by an ice jam, notwithstanding the Harter act (Act Eeb. 13, 1893, c. 103, § 3, 27 Stat. 443 [U. S. Comp. St. 1901, p. 2946]), providing that, if the owner shall exercise due diligence to make the vessel seaworthy and properly manned, lie shall not be liable for negligence in the navigation or management thereof, etc.</p>

Judges: Thomas

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