241 F. 233 | 3rd Cir. | 1917
The Hafnia Company is a Danish corporation and owns the steamship Canadia. In June, 1911, the vessel was in New York and was chartered to the firm of William Has-kins & Son for a term o.f 6 months from a future date of delivery at £1,250 sterling per month. Inter alia, the owner was required to furnish the crew, to pay for provisions, wages, stores, etc., and to maintain the vessel in a thoroughly efficient state in hull and machinery for and during the service. The firm was liable for the coal and other specified expenses, and agreed to pay the current market price for the coal in the vessel’s bunkers at the beginning of the term, and was hound to leave 500 tons in the bunkers at the date of redelivery, the owner to pay 20 shillings per ton therefor.- At the owner’s option the monthly hire was to be paid in advance until her redelivery in good order and condition at a port in the River Plate to be chosen by the charterer. The cargo was to be loaded and discharged at such dock or place as the charterer should direct, on condition that the vessel could always safely lie afloat. If more than 24 consecutive hours should be lost by reason of deficiency of men, breakdown of machinery, or other damage, the hire should cease until the vessel should be
On August 4 the charterer took delivery of the vessel at Gulfport, Miss., and loaded a cargo of lumber for Buenos Aires. She set sail early in September, and a few days afterwards stopped at St. Thomas for coal. While there, some of the crew drank to excess and became so unruly that help from shore had to be called in, and for this reason the voyage was delayed almost 2 days. On September 13 she proceeded, and on October 6 reached the outer harbor of Buenos Aires. A berth was secured in the inner harbor, and in ordinary course the discharge of the cargo would have begun on the 9th. But between 7 and 8 o’clock on the morning of the 8th a fire (probably caused by spontaneous combustion) broke out in the coal that had been stored in the after part of No. 2 hold. This had been put on board by the charterer in New York, and was a reserve supply bought in preparation for the voyage and stored in a specially built compartment separated from the cargo by a wooden bulkhead. The fire was immediately and diligently attacked, but it spread as far as No. 1 hold, and finally compelled the sinking of the ship. After the fire had been thus extinguished she was pumped out, and on October 15 proceeded to the inner harbor, 18 miles distant. She could then have begun to discharge, but (owing to the regulations of the port in reference to damaged vessels and cargos) the berth previously secured was not now available, and no other was furnished until the 27th. Unloading began on the 30th, and continued without delay until December 4. While this work was going on, surveys were held which disclosed that serious damage had been done. Their details need not be given, as the parties have stipulated that the fire and the flooding had made permanent renewals and permanent repairs necessary, and that these could not have been completed at Buenos Aires or elsewhere in South America within the term of the charter, the reason being that proper materials and suitable machinery could not have been procured nearer than in the United States or in Europe. If made at Buenos Aires, such renewals and repairs would have cost.at least ¿7,000 sterling. While the vessel was discharging, frequent letters and cable messages were sent by the parties, or tlieir agents, but no definite agreement was reached. The charterer declined to give further orders until permanent repairs should be made, and at Buenos Aires no such repairs were feasible. The ship was not in condition to carry cargo safely, and finally the surveyors’ recommendations were followed, she was repaired temporarily and sailed in ballast on December 16, bound for Wallsend in England. Some coal remained in her bunkers, but she was obliged to take on a further supply at Montevideo and at Eas Palmas. She arrived at Wallsend on January 20, and the work of permanent repair was taken up and carried on without needless delay, but was not finished until March 6. Meanwhile, on February 4, the charter had expired.
The controversy here is over the allowance for three items: (1) The delay at St. Thomas; (2) the coal in the bunkers when the ship
The decree appealed from must he modified in accordance with this opinion, and it is possible that such modification may also affect the disposition of the costs. We therefore remand the case to the District Court with instructions to enter a new decree, in which the subject of costs may he further considered at the court’s discretion. The costs on appeal to be paid by the appellants.