The Modern Law of Carriers Or the Limitation of the Common Law Liability of Co

Cover The Modern Law of Carriers Or the Limitation of the Common Law Liability of Co
The Modern Law of Carriers Or the Limitation of the Common Law Liability of Co
Everett Pepperell Wheeler
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"It is the duty of a common carrier by water to provide a vessel tight, stanch and fit for the employment for which he holds it out to the public. Ang. Carr. , sect. 173. The breach of this duty is the personal default of the vessel owner. Lyon v. Wells, 5 East, 428 (1804). The loss sustained by the libelants, therefore, arose from the carrier's own negligence. " In s c. In the District Court, 16 Fed. Rep. 861, 864, 865 (1883), the court say: " The damage to the goods on board the Hadji did not... arise from any peril of the sea or dangers of navigation, nor, properly considered, from anything external to the ship herself. It arose exclusively from the insecure and insufficient structure or repair of the vessel. The damage was not from sea-water taken in through stress of weather or perils of the voyage, but from the faulty construction of the tanks, whereby the water used as ballast escaped and injured the cargo. The character of the defects, as disclosed by the evidence, shows that they were such as should have been guarded against in the construction of the vessel, or ascertained in her repairs and equipment for the voyage.

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