Pacific Coast Coal Co. v. Alaska S. S. Co.

This is an appeal by claimants, owners of cargo shipped on the steamer Denali, from a decree of the district court exonerating the Alaska Steamship Company, the Denali’s owner, from liability for the total loss of their cargo in the stranding of that steamer on a submerged reef in the Caamano Passage,, British Columbia, on a voyage from Seattle, Washington, to Alaskan ports. The ■ proceedings commenced in a petition of the Steamship Company, filed September 4, 1935, for the limitation of and exoneration from liability provided by the Limitation Statutes, 46 U. S.C.A. § 183 et seq., and the Supreme Court Admiralty Rules, 28 U.S.C.A. following section 723. Appraisement was duly made of ship and pending freight, a stipulation of their values given, and the jurisdictional requirements of the statute and rules have been complied with.

The cargo claimants seek to establish as error in the decree appealed from its failure to hold (A) that the vessel violated the Act of May 11, 1918, Chapter 72, 40 Stat. 548 -550, 46 U.S.C.A. §§ 222 , 223, 235, in that the stranding was caused by the negligent navigation of the mate in charge of navigation, who was required by the Steamship Company to…

(dissenting in part).

Appellee claimed exemption from liability under § 3 of the Harter Act, 1 46 U.S. C.A. § 192, and, in the alternative, limitation of liability under § 4283 of the Revised Statutes, 2 46 U.S.C.A. § 183 . Section 3 of the Harter Act provides:

To establish the claimed exemption, it was incumbent on appellee to prove that it exercised due diligence to make the Denali in all respects seaworthy and properly manned, equipped and supplied. International Navigation Co. v. Farr & Bailey Mfg. Co., 181 U.S. 218, 226 , 21 S.Ct. 591 , 45 L.Ed. 830 ; The Southwark, 191 U.S. 1, 12 , 24 S.Ct. 1 , 48 L.Ed. 65 ; The Wilder oft, 201 U.S. 378, 386-389 , 26 S.Ct. 467 , 50 L.Ed. 794 ; May v. Hamburg-Amerikanische Packetfahrt Aktiengesell *421 schaft, 290 U.S. 333, 346 , 54 S.Ct. 162 , 78 L.Ed. 348 .

To be in all respects seaworthy and properly manned, a vessel must be manned in accordance with § 4463 of the Revised Statutes, 3 46 U.S.C.A. § 222 , and § 2 of the Act of May 11, 1918, c. 72, 40 Stat. 549 , 46 U.S.C.A. § 223 . Section 4463 of the Revised Statutes provides: “No vessel of the United States subject to the * * * inspection laws of the United States shall be navigated…