G. Amsinck & Co. v. Pacific Mail S. S. Co.

Libelant shipped a quantity of coffee on the steamer Newport from Cristobal to San Franeiseo. The evidence shows that, when the ship was loaded, and-ready to sail, the third engineer received orders to turn steam into the winches, in order to handle the lines in casting off. As he was about to do so he got the stand-by bell, a.nd in Ms burry turned on a valve which admitted steam into the hold, where the coffee was stowed. This was a “smothering” valve, intended to be used only in the event of a fire in the hold. This steam damaged the coffee, and it is admitted that the act of the engineer was negligence. The sole defense therefore is under the third section of the Harter Act (Comp. St. § 8031).

The Supreme Court, in International Navigation Co. v. Farr, 181 U. S. 218 , 21 S. Ct. 591, 45 L. Ed. 830 , has held that damage caused by water coming in a porthole negligently left open at the commencement of the voyage constitutes unseaworthiness under the first section of the act. Mr. Chief Justice Fuller points out that, “even if the loss occur through fault or error in management, the exemption cannot be availed of, unless the vessel was seaworthy when she sailed, or due diligence…