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Seaworthiness

vessel, co, ship, cargo, ins and ed

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SEAWORTHINESS. The sufficiency of the vessel in materials, construction, equipment, officers, men, and outfit, for the trade or service in which it is employed.

It is that quality which fits a ship for carrying safely the particular cargo which it takes on board for the voyage for which it is destined. The Thames, 61 Fed. 1014, 10 C. C. A. 232, 8 U. S. App. 580.

Under a marine policy on ship, freight, or cargo, the fitness for the service of the vessel, if there is no provision to the con trary at the outset, is an implied condition, non-compliance with which defeats the insur ance; 2 B. & Ald. 73; American Ins. Co. v.. Ogden, 20 Wend. (N. Y.) 287; Myers v. Ins.. Co., 26 Pa. 192 ; 4 H. L. C. 253 ; Augusta Ins. & B. Co. v. Abbott, 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 an swer to the fact that the ship was not sea worthy. When the want of seaworthiness arises from justifiable ignorance of the cause of the defect, and is discovered and remedied. before any injury occurs, it is not to be con sidered as a defect ; Patrick v. Hallett, 1 Johns. (N. Y.) 241; McLanahan v. Ins. Co., 1 Pet. (U. S.) 183, 7 L. Ed. 98; 2 B. & Ald. 73 See Richelieu Nay. Co. v. Ins. Co., 136 U. S 408, 10 Sup. Ct. 934, 34 L. Ed. 398.

The warranty of seaworthiness is absolute and extends to latent defects; 10 P. D. 103. Seaworthiness varies with the place of voy age, the class of ship, and the nature of the cargo ; 2 F. & F. 263. She must be seaworthy in relation to the kind of cargo which she is to carry ; The Silvia, 171 U. S. 462, 19 Sup_ Ct. 7, 42 L. Ed. 241; L. IL 7 C. P. 421 ; if the voyage is to be by stages requiring different equipment, she must be ready for each stage at its commencement ; [1899] P. 140 (C. A.).

A vessel offering to carry frozen meat im pliedly warrants that the refrigerating ma chinery was at the time of shipment fit to carry such cargo in safety ; [1895] L. R. 2 Q. B. 550, where there was lois to a shipment caused by the negligence of the crew in the management of the refrigerating apparatus it was a fault "in the management of the "vessel ;" [1903] 1 K. B. 114 ; and that the

seaworthiness of the vessel engaged in the dressed meat trade relates and extends to the refrigerating apparatus necessary for the preservation of the meat during transporta tion, is held in The Southwark, 191 U. S. 1, 24 Sup. Ct. 1, 48 L. Ed. 65.

To be seaworthy a vessel must be suffi ciently tight, staunch and strong to resist the ordinary attacks of winds and seas ; Sanford( & Brooks Co. v. Columbia Dredging Co., 177 Fed. 878, 101 C. C. A. 92.

It includes a master baying competent skill in navigation ; 3 C. & P. 18 ; and a sufficient and competent crew; 7 B. & C. 798 ; and proper equipment, including proper medicines and necessaries for the voyage ; 3 Esp. 257.

A vessel is not seaworthy if the cargo is so badly stowed that it is difficult and dan gerous to navigate the ship ; 2 F. & F. 663 ; Harloff v. Barber & Co., 150 Fed. 185 ; or if sbe is not properly disinfected for the car riage of cattle; 12 Q. B. Div. 297 ; or has a defective crank-shaft ; 10 P. D. 103 ; as to unseaworthiness by reason of not employing a pilot, it is said that if a vessel sails from a port where there is a pilot and the naviga tion requires one, the master must employ one ; 3 B. & Ad. 383 ; but in entering a port, if the master uses due diligence to obtain a pilot but cannot find one, and, being compe tent himself, attempts to enter a harbor without one, it is not a breach of the warran ty of seaworthiness; 3 B. & Ad. 383.

The warranty of seaworthiness in a time policy is complied with if the vessel be sea worthy at the commencement of the risk ; Union Ins. Co. v. Smith, 124 U. S. 405, 8 Sup. Ct. 534, 31 L. Ed. 497. Where a vessel sprung a leak, and was lost without encoun tering any sea. peril, it was held that she was not seaworthy, heavy seas not being a sea peril within the meaning of a policy of ma rine insurance ; The Gulnare, 42 Fed. 861.

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