The Federal Reporter with Key-Number Annotations, Volume 250: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States, August-October, 1918. Page: 71
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(Circuit Court of Appeals, Third Circuit. April 4, 1918.)
1. SHIPPING 042-CHARTERB-WARRANTY OF SEAWORTHINESS.
Though a charter of a vessel for 30 days was a demise, and was en-
tered into after a more or less thorough inspection by an agent of the
charterer, the owner was not relieved of his implied warranty as to
seaworthiness concerning a defect in, the rudder port sleeve and in the
timbers concealed by it, for the rule of caveat emptor applies only to
defects which are patent or are discoverable on inspection.
2. SHIPPING 4 =58(2)-PRESUMPTIONS-UNSEAWORTHINESs.
A presumption of unseaworthiness arises, and alone will sustain a re-
covery, where a vessel sinks from an unknown cause, under circum-
stances where she had been subjected to no external peril, and nothing but
her unseaworthiness can explain the accident.
3. SHIPPING 58(2)-SINKING OF VESSEL---EVIDENCE.
On a libel to recover damages for injury to the cargo of a lighter,
which sank at her dock, evidence held insufficient to show that the sinking
was the result of the vessel's unseaworthiness.
Appeal from the District Court of the United States for the District
of New Jersey; J. Warren Davis, Judge.
Libel by the Atlantic Lighterage Corporation against the steam
lighter Transit, her boilers, etc., claimed by Royal L. Sidnam. From
a decree dismissing the libel, libelant appeals. Affirmed.
Meyer Eichman, of West Hoboken, N. J., and Foley & Martin, of
New York City (William J. Martin and George V. A. McCloskey,
both of New York City, of counsel), for appellant.
Macklin, Brown & Purdy, of New York City (William F. Purdy,
of New York City, of counsel), for appellee.
Before BUFFINGTON, McPHERSON, and WOOLLEY, Circuit
WOOLLEY, Circuit Judge. The steam lighter "Transit" sank at
her dock early on the morning of September 12, 1916. The charterer,
as bailee of the cargo, filed this libel to recover damages for injury
to the cargo. The District Court dismissed the libel. The libelant
The action was brought on the warranty of seaworthiness implied
in the charter, Work v. Leathers, 97 U. S. 379, 24 L. Ed. 1012; the
libelant alleging that the vessel was unseaworthy and that her un-
seaworthiness caused her to sink. The claimant admitted the war-
ranty but denied liability upon the ground that the charter was a de-
mise of the vessel, and that, in a charter of demise, the rule of caveat
emptor applies and relieves the owner from the warranty as to de-
fects in the vessel. The claimant defended also upon the ground that
the vessel was not unseaworthy and that she did not sink because of
:For other cases see same topic & KEY-NUMBER in all Key-Numbered Digests & Indexes
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The Federal Reporter with Key-Number Annotations, Volume 250: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States, August-October, 1918., legislative document, 1918; Saint Paul, Minnesota. (digital.library.unt.edu/ark:/67531/metadc38821/m1/86/: accessed September 25, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.