SEAWORTHINESS. Inrdaritime Law. The sufficiency of the vessel in ma terials, construction, equipment, officers, men, and outfit, for the trade or service in which it is employed.
2. Under a marine policy on ship, freight, or cargo, the fitness for the service of the vessel, if there is no provision to the contrary at the outset, is an implied condition, non compliance with which defeats the insurance.
1 Phillips, Ins. ch. viii. sect. ii.; Marshall, Ins. 160 ; 2 Johns. N. Y. 231 ; 1 Whart. Penn. 399; Cowp. 143; 1 Arnoult, Ins. 662; 1 Dow. 32 ; 1,Campb. 1; 5 Pick. Mass. 21; 2 Ohio, 211; 2 Barnew. & Ald. 73 ; 6 Cow. N. Y. 270; 7 Term, 160; 3 Hill, N. y. 250 ; 4 Mas. C. C. 439; 20 Wend. N. Y. 287; I Pet, C. C. 410; 1 Wall. Jr. C. C. 273 ; 1 Curt. C. C. 278; 14 Barb. N. Y. 206; 33 Eng. L. & Eq. 325 ; 34 a 266, 277 ; 26 Penn. St. 192 ; 4 Hou. L. Cas. 253 ; Olc. Adm, 110; 4 Du, N. Y. 234 ; 12 Md. 348.
It is of no consequence whether the insured was aware of the condition of the ship, or not, His innocence or ignorance is no answer to the fact that the ship was not seaworthy. When the want of seaworthiness arises from justifiable ignorance of the cause of the de fect, and is discovered and remedied before any injury occurs, it is not to be considered as a defect. 1 Johns. N. Y. 241 ; 2 id. 124, 129 ; 3 Johns. Cas. N. Y. 76 ; 1 Pet. 183 ; 2 Barnew. & Ald. 73.
3. The opinion of carpenters who have re paired the vessel, however they may strengthen the presumption that the ship is seaworthy, -- when it is favorable, is not conclusive of the faet of seaworthiness. 4 Dowl. 269, The pre
sumption prima facie is for seaworthiness. 1 DowL 336, And it is presumed that a vessel continues seaworthy if she was so at the in ception of the risk. 20 Pick. Mass. 389. See. 1 Brev. No. C. 252. Any sort of disrepair left in the ship, by which she or the cargo may suffer, is a breach of the warranty of seaworthiness. A deficiency of fame in the crew, or of skill in the master, mate, etc., is a want of seaworthiness. 1 Campb. 1 ; 14 East, 481; 4 Du. N. Y. 234. But if there Wall once a sufficient crew, their temporary ab sence will not be considered a breach of the 'warranty. 2 Barnew. & Ald. 73 ; 1 Johns, Cas. N. Y. 184 ; I Pet. 183. A vessel. may be rendered not seaworthy by being over-. loaded. 2 Barnew. & Ald. 320.
It Call never he settled by positive rules of lave bow far this obligation of seaworthiness extends in any particular case, for the reason that improvements and changes in the means and modes of navigation frequently require new implements, or new forms of old ones; and these, though not necessary at first, be come so when there is an established usage that all ships of a certain quality, or those to be sent on certain voyages or used for certain purposes,shall have them. 2 Parsons, Merit.. Law, 134. Seaworthiness is, therefore, in general, a question of fact for the jury. Id. ,137; 1 Pet. 170, 184; 1 Bouvier, Inst. 441.