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CASES

PUBLISHED UNDER THE AUSPICES OF
THE MARITIME LAW ASSOCIATION OF THE UNITED STATES

31585

EDITORS:
EMORY H. NILES

ARNOLD W. KNAUTH
BALTIMORE

NEW YORK

ASSOCIATE EDITORS:

El WIN W. STANLEY, Boston

JOSEPH M. RAULT, New Orleans
LESLIE C. KRUSEN, Philadelphia

GOLDEN W. BELL, San Francisco
E. WILLOUGHBY MIDDLETON, Charleston CARL V. ESSERY, Detroit
REUBEN RAGLAND, Jacksonville

ALEXANDER R. LAWTON, Jr., Savannah
LEE C. HINSLEA, Cleveland

EDWIN F. A. MORGAN, Baltimore
GUNTHER F. KRAUSE, Portland, Oregon

LEON T. SEAWELL, Norfolk
CARL G. STEARNS,

ARTHUR M. BOAL, Washington, D. C.
FRANK A. BERNERO, New York

LAWRENCE BOGLE, Seattle
F. HERBERT PREM,

ROGER H. LOUGHRAN, Buenos Aires
H. W. REESE, Business Manager

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COPYRIGHT, 1924, BY AMERICAN MARITIME CASES, Inc.

OCEANS
1.2.2

PRINTED BY THE J. H. FURST COMPANY

BALTIMORE, MD.

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CITRO CHEMICAL COMPANY OF AMERICA, Libellant-Appellant,

08.

STEAMSHIP WILLDOMINO, Appellee. United States Circuit Court of Appeals, Third Circuit, June 4, 1924. Before: WOOLLEY and Davis, Ct. JJ. and MORRIS, D. J. Opinion by MORRIS, D. J. For summary of opinion below see 1923 A. M. C. 692. Reversed.

BILLS OF LADING—1214. Harter Act, $ 3—Exemptions. A shipowner setting up exemption from liability under $ 3 has the burden of

proving that he exercised due diligence to make the vessel in all respects seaworthy. If the carrier fails to meet that burden, he is liable for damage to cargo resulting from negligent navigation or management, wholly without regard to any causal connection between the lack of due

diligence and the loss. BILLS OF LADING—1213. Seaworthiness-Fuel on voyage by stages—1214.

Exemptions, A steamer making a voyage by stages must commence each stage with a

fuel supply adequate and proper for that stage. Failure to exercise proper diligence in this regard at the commencement of any stage deprives the owner of the exemptions of $3, whether the cargo loss resulting from negligent navigation occurs during that stage or not. 20% to 25% extra fuel is the normal margin of safety on a North Atlantic passage.

CARGO DAMAGE_1354. Deviation for bunkers. Whether a departure from the usual course for bunkers is a deviation is

a question of fact in each case. Sydney and Halifax are not on the course from Lisbon to New York, and

a vessel sailing on that route with the intention of bunkering at those ports is guilty of deviation, especially where she was seeking bunkers for a later voyage.

This volume may be cited as 1924 A. M. C.

889

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