Steamship Knutsford Co. v. Barber & Co.
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. Libel by the Steamship Knutsford Company, Limited, against Barber & Co., Incorporated. From a decree for respondent, libelant appeals.
Read the full summary
Appeal from the District Court of the United States for the Southern District of New York. Libel by the Steamship Knutsford Company, Limited, against Barber & Co., Incorporated. From a decree for respondent, libelant appeals. The libel was by the owner of the steamship Knutsford upon a charter party entered into on March 11, 1915, by which the libelant let the Knutsford on a timo charter for two round trips — the first to tho United States, Atlantic Coast, then to the west coast of France not north of Havre; the second to the west coast of Franco, not north of Havre, returning direct to West…
1Opinion of the CourtLearned Hand, District Judge
‘-(after stating the facts as above). [1-3] We quite agree with the learned District Court that within the language of article 16 it is not necessary that the damage should be “structural” in the sense that the frame of the ship must be injured, so as to prevent her “working.”. In this case the buckling of the fore and aft bulkhead was not such damage, and the charterer’s right, under article 16, must rest upon the fact that the holds had to be cleaned before the ship was in seaworthy condition and that tire charred bulkhead had to be removed. We further agree that the ship was not again in…
2Cases cited4 opinions
- Clyde Commercial Steamships, Ltd. v. United States Shipping Co.District Court, S.D. New York · 1907
- Lake Steam Shipping Co. v. BaconDistrict Court, S.D. New York · 1904
- Lake Steam Shipping Co. v. BaconCourt of Appeals for the Second Circuit · 1906
- The CanadiaCourt of Appeals for the Third Circuit · 1917
3Cited by3 opinions
- Suna v. Strick LineCourt of Appeals for the Fourth Circuit · 1921
- Woods Hole Oceanographic Institution v. United StatesCourt of Appeals for the First Circuit · 1982
- The Yaye MaruDistrict Court, D. Maryland · 1920