E. I. Dupont De Nemours & Co. v. American Hawaiian S. S. Co.

The essential question in this case is whether due diligence was used in inspecting the top of double bottom tank No. 5 of the steamship Columbian at Boston when hold No. 3 was clear of cargo. After the call of the vessel at Boston cargo was loaded in hold No. 3, and the Columbian proceeded to the West Coast. At Boston tank No. 5 was full of fuel oil. At the Panama Canal this oil was pumped out and into the deep tank for use. At San.Pedro the deep bottom tank, No. 5, was refilled, and as it filled oil leaked out through a rivet hole, causing the damage to cargo made a basis of this libel.

The Columbian passed a special Lloyd’s survey in October, 1925. In June, 1926, double bottom tank No. 5 received a special Lloyd’s test following a grounding of the vessel. The vessel .was at Boston, with holds empty, preparing for her westward run in September, 1927.

At that time the chief officer and the engineer (a relief officer serving during the vacation of the regular chief engineer) inspected No. 3 hold and the top of tank No. 5. The top of this tank is virtually the floor of the hold. Stringers are laid upon the steel tank top, and on top of the stringers are placed planks serving as…