MARITIME CASES

Peril of the sea versus improper care and custody. A point of view that the author believes may not be widely held by seafarers is expressed in the decision of the court in the following case.

A ship was loading bagged coffee at a Haitian port while at anchor. The cargo was being brought to the ship in lighters which were propelled by oars, and the lighters were fitted with hand bilge pumps. With the lighters secured to the ship at about 1600, loading commenced. The wind was northerly at about force 2, Beaufort scale. At 1635 it commenced to rain and the wind picked up to force 7. Loading operations were halted during the brief storm which lasted about 3 hr.

As a result of choppy seas and being on the weather side of the ship, the lighters shipped a good deal of water. The hand operated bilge pumps were inadequate and one lighter sank: the coffee in all lighters was thoroughly wet.

In the eventual litigation that followed this incident, the carrier claimed that the cargo loss was due to a peril of the sea and the inadequacy of the pumps on the lighters. However, the court held that the lighters were in the custody of the ship when alongside and the loss could have been prevented if reasonable effort to save the lighters had been made.

This decision was undoubtedly due to the testimony that established the fact that the ship could have strung the lighters out along the stern of the ship and used oil to calm the seas, whereas nothing had been done to aid the lighters. (1952-AMC-1094)

MARINE CARGO OPERATIONS
Copied from a book of Captain Charles L. Sauerbier, USNR
Master Mariner