WORK
v.
LEATHERS
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Work chartered a steamboat to Leathers for two months at $1,750 per month, but during the second month the vessel suffered mechanical failures (a broken shaft and blown cylinder head), which Leathers claimed resulted from the boat's unseaworthy condition when he received it. The Supreme Court affirmed the lower court's dismissal, holding that although a vessel owner must deliver a seaworthy vessel and maintain it in proper repair, the evidence fully supported Leathers's defense that the boat had pre-existing defects including rotten timbers and a cracked shaft that caused the failures.
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Mr. Justice Swayne delivered the opinion of the court.
This is a case in admiralty. On the 31st of March, 1869, Work, the libellant and appellant, chartered to Leathers the steamer “ Vicksburg ” for two months from that date. Leathers was to pay $1,750 per month. It is alleged by Work, but denied, that Leathers also stipulated to return the boat in as good condition as he received her, ordinary wear and tear excepted. Leathers took possession of the boat, and paid the sum agreed upon for the first month. He also paid $560 on account of the second month. During that month a shaft broke, and the cylinder-head of one of her engines was blown out. Leathers thereupon returned the boat, and refused to repair her. The libellant claims $1,850 for the repairs which he alleges Leathers was bound to make; $1,190, the balance of the stipulated compensation for the second month; and $5,000 for damages arising otherwise from the alleged breaches of the contract by the respondent. Leathers insists that the boat was utterly unseaworthy when he received her, that her timbers were rotten, that the shaft was too small and cracked, though the crack was not apparent; that the boilers were unsafe, that the shaft broke and the cylinder blew out when the boat was in smooth, deep water, carrying only one hundred and ten pounds of steam ; that the' sum of $560 paid for the second month was the amount due according to the time that. had elapsed when the boat became disabled and he surrendered her to the owner. Where the owner of a vessel charters her, or offers her for freight, he is bound to see that she is seaworthy and suitable for the service in which she is to be employed. If there be defects known, or not known, he is not excused. He is obliged to keep her in proper repair, unless prevented by perils of the sea or unavoidable accident. Such is the implied contract where the contrary does not appear. Putnam v. Wood, 3 Mass. 481; 3 Kent, Com.
205. The owner is liable for the breach of his contract, but the stipulation of seaworthiness is not so far a condition precedent that the hirer. is not liable in such case for any of the charter-money. If he uses her, he must pay for the use to the extent to which it goes. 1 Pars. Adm. 265; 3 Kent, Com. supra; Abbott, Shipp. (5th Am. ed.) 340. If a defect without any apparent cause be developed, it is to be presumed it existed when the service began. Talcot v. Commercial Insurance Co., 2 Johns. (N. Y.) 124.
The facts set up in the answer, by way of defence, are fully established by the proofs. The current is all one way. There is no conflict. It could do no good in any wise to examine the evidence in detail. It is sufficient to announce our conclusion.
The decree of the court below dismissing the libel is
Affirmed.
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Commercial Molasses Corp. v. N.Y. Tank Barge Corp., 314 U.S. 104 (U.S. 1941)…ands on no different footing. The trier of fact may in many situations infer the breach from the unexplained circumstance that the vessel, whether a common or private carrier, sank in smooth water. See The Edwin I. Morrison, supra; Work v. Leathers, 97 U. S. 379, 380; The Harper No. 145, 42 F. 2d 161; The Jungshoved, 290 F. 733; Barnewall v. Church, 1 Caines 217, 234; Walsh v. Washington Marine Insurance Co., 32 N. Y. 427, 436; Zillah Transportation Co. v. Aetna Ins. Co., 175 Minn. 398, 221 N. W. 529; and c…
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The Southwark, 191 U.S. 1 (U.S. 1903)…essel was scarcely out of port would raise the presumption of unseaworthiness at the time of the sailing, making it incumbent upon the vessel owner to prove seaworthiness, and this independently of the provisions of the Harter Act. Work v. Leathers, 97 U. S. 379. The practice existed upon the part of vessel owners of taking the temperature of the brine, which was the carrying medium for cooling the storage room, and also of the room itself, and keeping a record thereof.. This record, so far as kept, is pro…
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The Edwin I. Morrison, 153 U.S. 199 (U.S. 1894)…e charterer is bound to see that his vessel is seaworthy and suitable for the service for which she is to be employed, while no obligation to look after the matter rests upon the owner of the cargo. The Northern Belle, 9 Wall. 526; Work v. Leathers, 97 U. S. 379. If there be a defect, although latent and unknown- to the charterer, he is not excused. 3 Kent, *205; Valin, Com. Ord. de la Mar. liv. Ill, tit. Ill, Du Fret; art. XII, vol. 1, 654; Lyon v. Mells, 5 East, 428; Work v. Leathers, supra. As said, on…
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