The Delaware (161 U.S. 459)

by Henry Billings Brown

United States Supreme Court

161 U.S. 459

The Delaware

This was a suit in admiralty, instituted by Charles H. Winnett, the owner and master, and the crew of the tug Talisman against the steamship Delaware, to recover damages for a collision between these vessels, which occurred on September 16, 1893, about 10 o'clock in the morning, in Gedney's Channel, off Sandy Hook, at the outer entrance of New York harbor, and within three miles from land.

In the district court the Delaware was held solely in fault (61 Fed. 525), and a decree was entered against her for $21,318.70. Her owner thereupon appealed to the circuit court of appeals, which affirmed the decree of the district court as to the fault of the steamship, and certified to this court certain questions as to whether she was absolved from liability by the provisions of the act of February 13, 1893 (27 Stat. 445), entitled 'An act relating to navigation of vessels, bills of lading and to certain obligations, duties and rights in connection with the carriage of property.' This certificate was docketed as a separate cause. The owner of the Delaware thereupon applied for and was granted a writ of certiorari to bring up the whole record, upon the ground that the circuit court of appeals erred in failing to find contributory negligence on the part of the Talisman.

The first three sections, containing the material provisions of the act in question, commonly known as the 'Harter Act,' are printed in the margin. ^[1]

J. Parker Kirlin, for appellant.

Harrington Putnam, for appellees.

Mr. Justice BROWN, after stating the facts in the foregoing language, delivered the opinion of the court.

Notes

1. An act relating to navigation of vessels, bills of lading and to certain obligations, duties and rights in connection with the carriage of property.

Be it enacted by the senate and house of representatives of the United States of America in congress assembled: That it shall not be lawful for the manager, agent, master or owner of any vessel transporting merchandies or property from or between ports of the United States and foreign ports to insert in any bill of lading or shipping document any clause, covenant or agreement whereby it, he or they shall be relieved from liability for loss or damage arising from negligence, fault or failure in proper loading, stowage, custody, care or proper delivery of any and all lawful merchandise or property committed to its or their charge. Any and all words or clauses of

such import inserted in bills of lading or shipping receipts shall be null and void and of no effect.

Sec. 2. That it shall not be lawful for any vessel transporting merchandise or property from or between ports of the United States of America and foreign ports, her owner, master, agent or manager, to insert in any bill of lading or shipping document any covenant or agreement whereby the obligations of the owner or owners of said vessel to exercise due diligence, properly equip, man, provision and outfit said vessel, and to make said vessel seaworthy and capable of performing her intended voyage, or whereby the obligations of the master, officers, agents or servants to carefully handle and stow her cargo and to care for and properly deliver same, shall in any wise be lessened, weakened or avoided.

Sec. 3. That if the owner of any vessel transporting merchandise or property to or from any port in the United States of America shall exercise due diligence to make the said vessel in all respects seaworthy and properly manned, equipped and supplied, neither the vessel, her owner or owners, agent or charterers, shall become or be held responsible for damage or loss resulting from faults or errors in navigation or in the management of said vessel, nor shall the vessel, her owner or owners, charterers, agent or master, be held liable for losses arising from the dangers of the sea or other navigable waters, acts of God, or public enemies, or the inherent defect, quality or vice of the thing carried, or from insufficiency of package, or seizure under legal process, or for less resulting from any act or omission of the shipper or owner of the goods, his agent or representative, or from saving or attempting to save life or property at sea, or from any deviation in rendering such service.