Newroyal Mail Central American Steamship Company v. United States

• Decision Date: 29 November 1915
• Docket Number: ORLEANS-BELIZE,No. 71,71
• Citation: 60 L.Ed. 227,239 U.S. 202,36 S.Ct. 76
• Parties: NEWROYAL MAIL & CENTRAL AMERICAN STEAMSHIP COMPANY, Limited, Appt., v. UNITED STATES
• Court: U.S. Supreme Court

239 U.S. 202

36 S.Ct. 76

60 L.Ed. 227

NEW ORLEANS-BELIZE ROYAL MAIL & CENTRAL AMERICAN STEAMSHIP COMPANY, Limited, Appt.,

v UNITED STATES.

No. 71.

Argued November 11, 1915.

Decided November 29, 1915.

Mr. A. R. Serven for appellant.

Assistant Attorney General Thompson and

Mr. William Hitz for appellee.

Mr. Justice Holmes delivered the opinion of the court:

This is a claim for injuries to the steamship Stillwater while under charter to the United States from May 16, 1898, to November 3, 1898, and for demurrage from November 2 to December 14, 1898, while the vessel was undergoing repairs. It was rejected by the court of claims on the authority of Plant Invest. Co. v. United States, 45 Ct. Cl. 374.

The injuries were caused as follows: First, in June, 1898, there was a collision with another steamship in Tampa bay, it does not appear by whose fault. Three weeks later the Stillwater was driven against the rocks while unloading horses in Daiquiri bay, Cuba, during a gale, with other incidental damage. On july 27, in Gauanica Bay, Porto Rico, there was another collision with a steamer. On August 3, in obedience to orders against which the captain protested, the Stillwater assisted in lightering the United States auxiliary cruiser St. Paul, at Arroyo, Porto Rico, and while lying alongside the St. Paul, in rough water, was damaged by the after-gun sponson of the St. Paul being thrown down upon it. On August 4, in obedience to orders from the naval lieutenant in charge, against the protest of the captain, the Stillwater was made fast to the Massachusetts, then on the rocks at Ponce, Porto Rico, and attempted to pull it off. The weather was rough, and in consequence of rolling against the Massachusetts and otherwise the Stillwater was damaged and strained. On August 26, in obedience to orders and against the protest of the captain, the Stillwater was placed alongside the Obdam, in the harbor of Ponce, for the transfer of commissary stores from the latter to her. The ships both rolled and the Stillwater thumped heavily, and was badly injured. On September 3, at Ponce, the Spanish steamship Vasco ran into the Stillwater in the nighttime, doing some damage, and finally, about three weeks later, the Stillwater went aground on a sand bar and a hole afterwards was found in her bottom. The bill for the repairing of the Stillwater was rendered in a lump sum, showing only the cost as a whole.

By the charter party made on May 12, 1908, art. I., the claimant 'does hereby grant and let' and a quartermaster of the Army 'does hereby take' the vessel for the voyages specified, 'and for such longer time as she may be required in the military service of the United States, not to extend beyond' June 30, 1898, unless the charter shall be renewed. II. 'The said vessel shall, on the 16th day of May, eighteen hundred and ninety-eight, be ready to load and receive on board at New Orleans, Louisiana, or elsewhere, whenever tendered alongside, by the quartermaster, United States Army, or his agent, only such troops, persons, animals, and supplies or cargo as he shall order and direct, and as the said vessel can conveniently stow and carry,' reserving room for the vessel's cables and materials, for officers and crew, and for the necessary coal; and when so laden is to deliver the cargo at such port as the Quartermaster's Department may direct, 'in good order and condition (the dangers of the seas, fire, and navigation, and the restraints of princes and rulers being always excepted).' IV. 'The said vessel now is and shall be kept and maintained while in the service of the United States, tight, stanch, strong, and well and sufficiently manned, victualed, tackled, appareled, and ballasted, and furnished in every respect fit for merchant or transport service, at the cost and charge of her owner. The time lost in consequence of any deficiency in these respects, and in making repairs to said vessel not attributable to the fault of the United States or its agents, is not to be paid for by the United States.' V. All port charges and pilotage after leaving New Orleans will be paid by the United States, but not the wages of any person employed by the claimant continuously on the vessel as pilot. VI. 'The war risk shall be borne by the United States; the marine risk by the owner.' VII. The United States is to furnish fuel 'until the said vessel is returned to the said company at New Orleans, Louisiana, in the same order as when received, ordinary wear and tear, damage by the elements, collision at sea and in port, bursting of boilers and breakage of machinery excepted.' VIII. All water is to be furnished...