277 F. 237 | 2d Cir. | 1921
Appeal by libelant, the barge owner, from a decree dismissing his libel, both as to the respondent charterer and
We concur in the statement of the trial judge that—
“This view of the matter makes ice damages under the circumstances shown reasonable wear and tear. * * * A man who charters his vessel for harbor navigation in New York and in the winter time must regard careful, proper navigation through ice fields as a use reasonably to be expected.”
Not that ice damage under all circumstances is reasonable were and tear; not that navigation through all ice fields, unbroken, or even broken up, is a use reasonably to be expected. But in the absence of unusual conditions, making the situation more than ordinarily hazardous, the barge demised for winter work may be towed in a broken-up ice field; if there be no negligence in the towing, damage caused by knocks from floating ice is chargeable to reasonable wear and tear.
The decree is affirmed.