Davison Chemical Corp. v. The Henry W. Card

AUGUSTUS N. HAND, Circuit Judge.

The barge Tenas was in tow of the tug Card and was so negligently navigated by the tug that she was stranded and damage was suffered both by the barge and her cargo. There is no dispute that the stranding was due to errors of navigation. But the claimant-appellee, the owner of the tug, argues, and as we think properly, that it is relieved from liability for any damage to the barge due to the stranding because of Clause Tenth of the charterparty, which reads as follows:

“Tenth: Acts of God, enemies, fire, restraints of Princes, rulers and peoples, strikes, riots…