New Orleans-Belize Co. v. United States, 239 U.S. 202 (1915)

New Orleans-Belize Royal Mail & Central

American Steamship Co., Ltd. v. United States
No. 71

Argued November 11, 1915
Decided November 29, 1915
239 U.S. 202

APPEAL FROM THE COURT OF CLAIMS

Syllabus

Under the charter party in this case, the United States did not so become the owner of the vessel pro hac vice as to be liable for injuries during the term of the charter and for demurrage thereafter during period of repair.

The charterer of a vessel does not become owner pro hac vice where the control, as in this case, remains with the general owner, even though the direction in which the vessel proceeds is determined by the charterer.

Authority to direct the course of a third person’s servant does not prevent his remaining the servant of that third person.

The United States in this case held not to be liable for damages to a vessel under charter due approximately to marine risk. Morgan v. United States, 14 Wall. 531, followed; United States v. Shea, 152 U.S. 178, distinguished.

The United States in this case held not liable for damages sustained by a vessel under charter to it when rendering services in aid of another vessel belonging to the United States.

The fact that this case is a hard one does not make the United States legally responsible for the injuries sustained by a vessel during the period chartered. United States v. Russell, 13 Wall. 623, distinguished.

The facts, which involve the liability of the United States for injuries to, and demurrage on, a vessel under charter to the government, are stated in the opinion.