Chadwick v. Denniston
District Court, S.D. New York
In Admiralty. Libel for damages. This is an action against the owners of the steam-ship Rover, to recover for the damages to a cargo of bananas on a voyage from Puerto Cortez, Honduras, to Charleston, South Carolina, in December, 1885. The steamer sailed on the seventh December. On the 10th, while in the Florida straits, in a severe gale, the crank-shaft broke.
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In Admiralty. Libel for damages. This is an action against the owners of the steam-ship Rover, to recover for the damages to a cargo of bananas on a voyage from Puerto Cortez, Honduras, to Charleston, South Carolina, in December, 1885. The steamer sailed on the seventh December. On the 10th, while in the Florida straits, in a severe gale, the crank-shaft broke. After about 38 hours labor, the crank-shaft was temporarily strapped together, the aft-engine set in motion, and the steamer reached Charleston on the 15th. While the shaft was repairing, the steamer rolled heavily in the trough of the…
1Opinion of the CourtBrown, J.
The charter and the subcharter were both in the same form, which described the Rover as being “tight,' stanch, strong, and in every way fitted for the service.” By this clause of the charter, as well as by the legal implication of the bill 'of lading, the owners warranted the seaworthiness of the vessel; that is, that she was reasonably fit for the service in which she was to engage. This warranty extends to latent defects not discoverable by prior examination. . Either the ship or the freighter must bear such risks; under the warranty of seaworthiness, the law places this risk upon the ship…
2Cases cited4 opinions
- Work v. LeathersSupreme Court of the United States · 1878
- Embree v. EllisNew York Supreme Court · 1807
- Gleadell v. . ThomsonNew York Court of Appeals · 1874
- The Lizzie W. VirdenU.S. Circuit Court for the District of Eastern New York · 1881
3Cited by10 opinions
- OregonCourt of Appeals for the Ninth Circuit · 1904
- La Fernier v. Soo River Lighter & Wrecking Co.Michigan Supreme Court · 1902
- Berkin v. MarshMontana Supreme Court · 1896
- Federal Forwarding Co. v. LanasaCourt of Appeals for the Fourth Circuit · 1929
- The IndrapuraCourt of Appeals for the Ninth Circuit · 1911
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