Townsley v. Crescent City Transp. Co.

Citations

• 119 F. 118
• 1902 U.S. App. LEXIS 4648

Syllabus

<p>1. Shipping—Demise of Vessel for Term—Liability of Owner for Wrongful Acts of Officers.</p> <p>By a charter of a steamship the entire ship was let and delivered to the charterer for the term of four months, under the express and distinct agreement that he should have full charge of her and be entitled to all her earnings; that all of the officers of the vessel, including the master, engineer, and steward, who were to be appointed by the owner, should be “in all respects under the order and direction” of the charterer, and subject to removal on his complaint; that he should redeliver the ship to the owner at the expiration of the term in as good order and condition as she was at the time of the agreement, with certain exceptions of usual wear and tear and damages arising from sea perils and inevitable casualties. It further provided that in case the charterer should fail to pay the rental at the times specified, or the operating expenses, including wages, the owner should have the right to retake possession, and that on his request the master should take and hold possession of the ship as his representative. Held, that such charter constituted a demise of the vessel, and that neither the master nor steward could be regarded as agents of the owner during the life of the charter, so as to charge him or the vessel with liability to the charterer on account of their alleged wrongful acts.</p>