Steamship Willdomino v. Citro Chem. Co., 272 U.S. 718 (1927)

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Steamship Willdomino v. Citro Chemical Company

Nos. 29

, 30

Argued January 22, 1926
Decided January 3, 1927
272 U.S. 718

CERTIORARI TO THE CIRCUIT COURT OF APPEALS

FOR THE THIRD CIRCUIT

Syllabus

1. An inexcusable deviation from her permitted course renders a vessel liable as an insurer for any damage suffered by the cargo P. 725.

2. A steamship, bound from Messina, Sicily, to New York, put into the Azores for repairs, and thence cleared for New York with a supply of coal known by her owners and officers to be grossly inadequate for the trip, and, after sailing for some days in that direction, until the inadequacy became manifest, changed her course to North Sydney, Nova Scotia, where she recoaled before proceeding to her destination. Held that there was an inexcusable deviation, even if she had a right to go to North Sydney from the Azores and so intended when leaving there, since, in that event, the preliminary sailing towards New York was unjustifiable, whereas, if the duty was to sail direct to New York, the change of course to North Sydney was due to negligence in not supplying fuel. P. 726.

3. An emergency sufficient to excuse a departure cannot arise out of circumstances deliberately planned, nor from gross negligence. P. 727.

300 F. 5 affirmed.

Certiorari (266 U.S. 297) to decrees for damages to cargo, entered by the circuit court of appeals, reversing the district court, in proceedings in rem against a vessel.