CITRO CHEMICAL COMPANY OF AMERICA, Libellant-Appellant, vs. STEAMSHIP WILLDOMINO, Appellee. United States Circuit Court of Appeals, Third Circuit, June 4, 1924. Before: WOOLLEY and DAVIS, Ct. JJ. and MORRIS, D. J. Opinion by MORRIS, D. J. For summary of opinion below see 1923 A. M. C. 692. Reversed. BILLS OF LADING—1214. Harter Act, § 3-Exemptions. A shipowner setting up exemption from liability under § 3 has the burden of proving that he exercised due diligence to make the vessel in all respects seaworthy. If the carrier fails to meet that burden, he is liable for damage to cargo resulting from negligent navigation or management, wholly without regard to any causal connection between the lack of due diligence and the loss. BILLS OF LADING-1213. Seaworthiness-Fuel on voyage by stages-1214. Exemptions. A steamer making a voyage by stages must commence each stage with a fuel supply adequate and proper for that stage. Failure to exercise proper diligence in this regard at the commencement of any stage deprives the owner of the exemptions of § 3, whether the cargo loss resulting from negligent navigation occurs during that stage or not. 20% to 25% extra fuel is the normal margin of safety on a North Atlantic passage. CARGO DAMAGE-1354. Deviation for bunkers. Whether a departure from the usual course for bunkers is a deviation is a question of fact in each case. Sydney and Halifax are not on the course from Lisbon to New York, and a vessel sailing on that route with the intention of bunkering at those ports is guilty of deviation, especially where she was seeking bunkers for a later voyage. This volume may be cited as 1924 A. M. C. 889 |