33 F.2d 288 | 5th Cir. | 1929
This is an appeal from a judgment dismissing a libel fo-r damages, alleged to be $22,388.46, occasioned by delay in delivery of 200 bales of cotton slapped by the steamship Newburgh, on April 30,1920, from New Orleans to Bremen, Germany, and not delivered until the latter part of August, 1920, when the shipment was rejected by the consignee. The material facts are fully reviewed in the well-considered opinion of the District Court, 24 F.(2d) 536. It is unnecessary to refer to them, except generally, as we concur in the findings of the District Court.
The cotton was delivered at the dock in
“Also, that the shipowner shall not be held responsible for loss, damage or delay wheresoever occurring, caused directly or indirectly by reasonably unavoidable delay of the vessel to repair or renew hull or machinery, or by riots, strikes, lock-outs, labor disputes or labor disturbances of any kind, or by any reasonable course of action adopted by the shipowners or other person whomsoever in contemplation or consequence thereof or in connection therewith.”
It was practically impossible to have continued the repairs during the strike or to have moved the vessel to some other port, because mechanics in other ports would not complete the work already started in New Orleans, and threatened sympathetic strikes. Furthermore, it was not practicable to unload the cargo and tranship on another vessel, also because of threatened sympathetic strikes of longshoremen. It is evident from the facts in the record that the vessel was not at fault in failing to have the repairs completed sooner.
It is contended by appellant that the ship was unseaworthy at the beginning of the voyage, and that the delay was occasioned by a breach of the implied warranty of seaworthiness. We do not agree with this contention. The vessel was seaworthy for the purpose of receiving and stowing cargo, and, after repairs were completed, she was in all respects seaworthy when she broke ground. There were no special circumstances made known to the ship or her agents necessitating more prompt delivery. The delay that was occasioned comes squarely under the exception of the bill of lading.
The record presents no reversible error.
Affirmed.