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A treatise on the law of carriers (Volume 4) online

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tions for additional passengers should be rejected as evidence of the fact that
fuch accommodations had been provided, when all the testimony shows con-
clusively that there were no such accommodations on the ship.^^

§ 4392. Stateroom, Berth and Bedding. — A steamship company is lia-
ble to a passenger for failure to furnish the latter with a berth on a steamer run-
ning at night, where it fails to notify the passenger of its liability to supply such
berth on his application therefor at the time of purchasing his ticket. ^^ Where
there was evidence that subsequent to plaintifif's purchase of his ticket and ap-
plication tor a berth on defendant's steamer, and defendant's refusal to furnish
the berth, other parties were given berths, and that by reason of defendant's re-
fusal plaintiff was compelled to sit up all night, the granting of a nonsuit was
error. ^2 A passenger on defendant's steamer, who purchases a ticket entitling
him to a berth, is not entitled to the exclusive use of a stateroom containing two
berths, although there were some vacant staterooms. ^^

First-class transportation, including all-night travel on passenger steamer,
carried w'ith it the right to stateroom accommodations as a matter of common
knowledge, for, by custom and usage, a passenger contracts for such accommo-
dation when securing a first-class passage. ^^ A contract for a first-class car-
riage of the passenger implies that the accommodation furnished will be con-
sistent with ordinary decency. Where the defendant gave notice that "a lady
and child" would also occupy the stateroom ; but it gave no notice that the
"child" w.'is a lad in the age of adolescence, the use of the word "child" was
very misleading. And it can not be said as a matter of law that the contract
of carriage was performed when a woman passenger was exposed to the ne-
cessity of robing and disrobing in a little room occupied by a strange lad of
14 or 15 years of age, and for a period of a week. Even if the steamship was

tract to safely carry them. The Valencia, 32. State room, berth and bedding. -

110 Fed. 221, decree affirmed in Pacific Patterson v. Old Dominion Steamship

Steam Whaling Co. v. Grismore, 117 Fed. Co., 53 S. E. 224, 140 N. C. 412. 5 L. R.

68, 54 C. C. A. 454. A., N. S., 1012, 11] Am. St. Rep. 848.

29. Libelant was employed by the own- 33, Patterson v. Old Dominion Steam-
ers of a steamer to go with her from si-,jp Qq.^ 53 S. E. 224, 140 N. C. 412, 5
Mobile to Cuba, and there operate a l_ r_ A., N. S., 1012, 111 Am. St. Rep.
gasoline launch under directions of the 848_

master, his pay to start at once, but he ^'^ Basnight v. Norfolk, etc., R. Co., 60

was to perform no service until he g_ -g ^^^ ^_ ^ ^^,9

reached the Cuban port. Held, that he ^e n r? r 'ur ' \ *■ 'i

was not a passenger entitled to accom- 35. Central, etc.. K. Lo. v. Kniglit, 3

modations as such. The Vueltabajo, 163 Ala. App. 436, 57 bo. 2o3.

Fed. 594. Where a ticket entitled plaintiff to a

30. Permission of inspector to over- first-class passage over defendant's rail-
crowd vessel. — The Valencia, 110 Fed. road to S., and thence by steamship to
221, affirmed in Pacific Steam Whaling N., the passage on the steamer requiring
Co. V. Grismore, 117 Fed. 6H, 54 C. C. plaintiff to spend the entire night, defend-
A. 454. ant having contracted, but failed to re-

31. Inspection certificates and indorse- serve a stateroom on the steamship by
ments thereon. — The Valencia, 110 Fed. wire, such failure constitute a breach of
221, decree affirmed in Pacific Steam ii;c contract. Central, etc., R. Co. v.
Whaling Co. v. Grismore, 117 Fed. 6«, Knight, 3 Ala. App. 436, 57 So. 253.

54 C. C. A. 454.

§§ 4392-4393 carriers. 3982

crowded, and no better accommodations could be given, it was the duty of the
defendant when making its contract to give notice of the exact situation.^®

Duty to Supply Deck or Steerage Passengers with Bedding. — A ves-
sel is not bound, in the absence of special contract, to furnish bedding for steer-
age or deck passengers.^" And passengers who come aboard a vessel mainly
engaged in the carriage of freight, after the cabin room is all taken, and who
for two days, while loading is going on, make no claim to cabin accommodations
or for bedding, are to be considered as impliedly agreeing that their ship room
and quarters are to be deck, and that such accommodations are to be deemed
reasonable. ^^

Damages Where Stateroom Resold under Right Reserved. — But where
plaintiff rented of defendant a stateroom on one of its steamers for overnight,
but failed to notice a stipulation on the back of his ticket whereby the right was
"reserved to resell rooms not called for thirty minutes after departure," and did
not call for his room within that time, and it was resold, whereupon the purser
lefused to give him his money back, or another room, and he was compelled to
sit up all night, he was not entitled to exemplary damages. ^^ But he was en-
titled to the use of the room, or to have the money paid therefor refunded.'*'^

§ 4393. Food and Water. — Fare Furnished on Long Voyage. — Where
the fare furnished passengers on a long sea voyage is such as is usually provided,
and is sufficient in quantity, and properly cooked, and the passengers do not
really suffer, they have no ground for the recovery of damages because it is
not so good as might have been furnished or as is provided on vessels making
short voyages. "*i

Food of Deck Passengers. — In the absence of special contract to the con-
trary, a vessel is bound to furnish a sufficient quantity of suitable food for deck
passengers, and is liable in damages for the master's failure to do so when it
is within his power. "^^

Delay of Vessel. — It is the duty of the owners of a vessel to supply her with
sufficient food and provisions to meet the contingencies of accident to the vessel
and the resulting delay in the voyage, from whatever cause such accident and
delay may arise."* ^

Putting Passengers on Short Allowance. — Under the Act Aug. 2, 1882, 22
Stat. 186 [U. S. Comp. St. 1901, p. 2931], to regulate the carriage of passengers
by sea from a foreign port to a port of the United States, which provides in sec-
tion 4 that if any such passengers shall at any time during the voyage be put on

36. Lignante v. Panama R. Co., 147 App. that, defendant having given no notice

Div. 97. 131 N. Y. S. 753. that the "child" was a lad in the age of

Plaintiff's husband, desiring passage adolescense, it could not be said that de-
from Colon to New York on defendant's fendant performed its contract of car-
steamer, was informed that he could not riage as a matter of law. Lignante v.
get accommodations for both in the same Panama R.- Co., 131 N. Y. S. 753, 147
stateroom, but that his wife would be as- App. Div. 97.

signed to a stateroom in which there 37. Duty to supply deck or steerage pas-
were two other passengers, "a lady and sengers with bedding.— The Centennial,
child." He asked if she would have a 131 Fed. Slfi.

berth and was answered in the affirma- 38. The Nicaragua, 81 Fed. 745.

tive. After boarding the steamer, he 39. Damages where stateroom resold

found that his wife had been assigned under right reserved. ~ Clark v. New

to an unscreened sofa in a stateroom; the \ ork, etc., R. Co., 83 N. \. S. Ib2, 40

berths being given to a lady and her son. Misc. Rep. 691.

apparently be'tween 14 and 15 years old. 40. Clark v. New York, etc., R. Co., 83

Plaintiff objected tc this arrangement and N. Y. S. Ifi2, 40 Misc. Rep. 691.

demanded other accommodations, but 41. Fare furnished on long voyage.—

none were given. She refused to sleep in The President, 93 Fed. 673.

the stateroom with the boy and was 42. Food of deck passengers.— The

obliged to sleep on steamer chairs for a Nicaragua, 81 Fed. 745.

time, and finally on a sofa in the corner 43. Delay of vessel.— The Oregon, 133

of the main saloon of the vessel. Held Fed. 609, 68 C. C. A. 603.



§§ 4393-4396

short allowance for food and water, except in cases of necessity, the master
shall pay each passenger $3 for each and every day of such short allowance, the
furnishing to passengers, without necessity, of bad or improper food, which was
unfit to eat, was equivalent to putting them on short allowance, and entitled
them to recover as damages an amount equal to that fixed by the statute.-*-*

During- Quarantine. — See post, "Effect of Quarantine,"' § 4394.

Proof That Food Unsuitable. — It is not necessary to call a survey on the
remaining stores of a ship, at an intermediate point at which the passenger left
her because of the quality of the food and water, in order to show that the food
was unsuitable.-*^

§§ 4394. Effect of Quarantine. — The stipulation, in a contract for trans-
portation across the ocean, that "during the whole journey * * * passengers
will be supplied with good and sufficient food, as well as with suitable lodging,
and this arrangement stands equally good in the event of any unavoidable delav
or accident, interrupting the journey," covers delay required by quarantine reg-
ulations ; and the carrier is liable for injuries to the health of a passenger; re-
sulting from its failure to provide sufficient and suitable food and lodging dur-
ing the quarantined*^

§ 4395. Delivery of Telegram. — Without evidence showing that it was a
custom of a common carrier of passengers by water to receive telegrams for de-
livery to its passengers, or that it knew or permitted it to he done by its officers,
such carrier is not liable for the nondelivery of a telegram addressed to a pas-
senger on board its steamer, and by direction of the captain accepted by the
purser for delivery.-*"

§ 4396. Liability for Personal Injuries. — A carrier by water is liable to
a passenger for personal injuries incurred by reason of its negligent failure to

It is the duty of a passenger steamer
making a voyage between Nome, Alaska,
and Seattle, by the outside course, which
is in the open sea, without a stopping
place for 1,700 miles of the way, to carry
provisions sufficient for her passengers
for at least 20 or 30 days in addition to
the usual time required for the voyage,
to meet the contingency of accident and
the resulting delays. The Oregon, 133
Fed. 609, 68 C. C. A. 603.

Evidence considered, and held to en-
title passengers of a steamship on a voy-
age from Nome, Alaska, to Seattle, to
recover damages from the owners on the
grounds that the vessel was not kept
clean, and that the provisions supplied
were insufficient in quantit3% and to a
large extent unfit for food, it being
shown by a preponderance of the evi-
dence that the vessel started with pro-
visions sufficient to last not more than
from 8 to 12 days, the usual time for the
voyage being 8 days; that a large part of
the meat was spoiled; and that on the
breaking of the rudder, which caused a
delay of 10 days, the passengers were
placed on a short allowance; much of the
food also being in such condition that
many were unable to eat it, the result
being that they suffered from hunger dur-
ing the remainder of the voyage. The
Oregon, 133 Fed. 600, 68 C. C. A. 603.

44. Putting passengers on short notice.

—The European, 120 Fed. 776, 57 C. C.
A. 140.

45. Proof that food unsuitable. — Passen-
gers on a sailing vessel testified that the
food was of bad quality and the water
brackish. A few other cabin and some
steerage passengers stated that the food
was "excellent," as did also the captain's
wife. The latter testimony was contra-
dicted by a witness who stated that dur-
ing the voyage the captain's wife had
said she would die if she did not get better
food, and spoke of growing thin because
of it, and that other witness for the
claimant had frequently complained of
the food. Complaints were made during
the entire voj-age, and all the cabin pas-
sengers left the boat at an intermediate
port, but there was no survey then called
on her remaining stores. There was evi-
dence that most of the beef and pork was
had and the other stores inferior. The
rice sometimes had weevils in it. Held,
that this was sufficient, in the absence of
a survey, to show that the food was un-
suitable, in view of the payment of $125
for passage when first-class passage by
steamer was only $200. The D. C. Mur-
ray, 89 Fed. 508.

46. Effect of quarantine. — Larsen v.
Allan Line Steamship Co., 80 Pac. 181,
37 Wash. 555.

47. Delivery of telegram. — Davies v.
l-".astern Steamboat Co., 47 Atl. 896, 94
Me. 379, 53 L. R. A. 239.

§§ 4396-4399 carriers. 3984

equip its boat with or to provide the passenger with necessary and reasonable

§ 4397. Actions. — A passenger on a vessel may sue her in rem in admiralty
for damages for failure to furnish proper accommodations.^^

Instructions. — In an action for breach of a railroad contract for transporta-
tion, including a steamship voyage by its failure to reserve stateroom accommo-
dations on the boat, an instruction that, if defendant did not agree to furnish a
stateroom, the jury should find for defendant, unless they further found that
it was impracticable for plaintitf to travel on the boat without a stateroom, and,
if she could not so travel, then it would be a violation of her contract, etc., was

Evidence. — Allegations of a libel by steerage passengers on a voyage from
Seattle to San Francisco to recover damages for breach of contract on the
ground that the ship failed to furnish them with proper food, quarters, and
bedding, are not sustained by the evidence, where it fails to satisfy the mind
that the alleged representations for a breach of which the action was brought
was made.^^

§ 4398. Damages. — Elements of Damage. — Where plaintiff's husband
had purchased a ticket for plaintiff' from B. by way of S. to N., including trans-
portation by rail to S. and by steamship from S. to N. and the agent agreed to
telegraph for stateroom accommodations on the boat, which he failed to do,
the jury, in determining damages, were properly permitted to take into consid-
eration the fact that, to the knowledge of defendant's agent, the trip was part of
plaintiff's bridal trip, and the delay incident to going by way to S., in order to
take the trip by water.''-

Amount of Damages Generally. — Damages arising from breach of a con-.^
tract to furnish transportation accommodations on a steamship, resulting in in-
convenience and indignity to the passenger in transit, are not limited to the price
of the passage.^^ Steerage passengers who purchased tickets from Alaskan
ports to Seattle, and were compelled to occupy the steerage with a large num-
ber of foreign fishermen, who were drunk and disorderly, and kept the place
in a filthy condition, which the officers of the vessel made no effective effort to
remedy, and who were not furnished with sleeping accommodations nor suitable
or wholesome food, were entitled to recover damages from the steamship com-
pany in the sum of $300 each.^"*

Failure to Furnish Bedding to Deck or Steerage Passenger. — See ante,
"Stateroom, Berth and Bedding," § 4392.

Stateroom Resold under Reserved Right. — See ante, "Stateroom, Berth
and Bedding," § 4392.

§§ 4399-4401. Voyage and Discharge at Destination. — See ante, "Re-
ceiving and Discharging Passengers," §§ 2435, 2489.

48. Defendant corporation advertised Greenwood, 162 Fed. 25; North Coast

to carry passengers from Nome, Alaska, Lighterage Co. v. Sullivan, 162 Fed. 28.

to points down the coast in the early 49. Actions. — The Vueltabajo, 163 Fed.

spring, and undertook to transport them 594.

in a gasoline launch. The boat was not 50. Instructions. — Central, etc., R. Co.

heated, was insufficiently supplied with v. Knight, 3 Ala. App. 436, 57 So. 253.

provisions, and the feed pipes were in 51. Evidence. — The Centennial, 131 Fed.

such leaky condition that the engine froze 816.

up and the boat drifted out to sea and 52. Damages. — Central, etc., R. Co. v.

was caught in the ice, resulting in serious Knight, 3 Ala. App. 436, 57 So. 253.

suffering and injury to the passengers 53. Amount of damages generally. —

during four or five days before they were Lignante v. Panama R. Co., 131 N. Y. S.

landed. Held, that defendant was liable 753, 147 App. Div. 97.

to them for such injuries as a common 54. Northwestern Steamship Co. v~

carrier. North Coast Lighterage Co. v. Ransom, 174 Fed. 913.


§ 4399. Duties and Liabilities. — Low Water. — Low water in a river is
no defense to a failure of a carrier to carry a passenger to his destination, where
the carrier could have informed itself and anticipated such condition.-^ ^ Where
the undisputed testimony was that a river steamer abandoned its voyage on ac-
count of low water, a,nd the contest was whether this was caused by the act
of God, a requested charge was not applicable which stated that, if the carrier
carried its passenger till it was forced to stop by low water, this constituted the
"act of God," and excused it from carrying him further until the stage of water
should be sufficient.'^ °

Ice Blockade Preventing Completion of Voyage. — Where a steamship
company contracted to carry a passenger to a certain port, an ice blockade, pre-
venting the port from being reached, was not an act of God, excusing the

Duty to Furnish Safe Landing Place. — It is the duty of operators of steam-
boats to furnish a safe landing place for passengers, and the neglect to comply
with this rule is not excused on the ground that the landing was made at a
wharf owned by a third person, as the use of the wharf made it a part of the
means of landing.^^

Discretion of Master as to Where Landing Shall Be Made. — Where the
master of a vessel agrees to transport a passenger to a point as near the mouth
of a certain river as will admit of a safe landing, it is for the master to deter-
mine, in good faith, where the landing shall be made."^

Duty to Remain in Port Reasonable Time. — A vessel which contracts to
carry passengers to a port, where they are to procure boats to land themselves
and their stores, is bound, on reaching such port, to remain a reasonable length
of time to enable the passengers to procure boats and to make their landing, and
is only excused from so remaining by act of God or the public enemies.^'^

Entire Contract — Carriage by Chartered Vessel and Another. — Where
a charterer of a steamer contracts to transport a passenger from the port of
origination to his final destiyation, although part of the transportation is to be
upon a vessel other than that of the charterer, the contract is entire, for through
transportation, for the completion of which the steamer is bound. And she
will be liable for failure to make right delivery by procuring such passenger on
some other vessel for the completion of the voyage.^' ^

Landing at Port Next to Destination. — Where a steamship ticket provided

55. Low water. — Smith v. North Amer- ing distance. On arrival at St. Michaels
ican Transp., etc.. Co., 56 Pac. 372, 20 the charterer had no river vessel there,
Wash. 580. 44 L. R. A. 557. and after some delay the master of the

56. Smith v. North American Transp., steamer put libelants and their goods on
etc., Co., 56 Pac. 372, 20 Wash. 580, 44 shore, against their protest, refusing to
L. R. A. 557. forward them, although transportation

57. Ice blockade preventing completion up the Yukon was available on other
of voyage. — Bullock v. White Star Steam- boats. Held, that the contracts were en-
ship Co., 70 Pac. 1106, 30 Wash. 448. tire, for through transportation, for the

58. Duty to furnish safe landing place. completion of which the steamer was
— Buddenberg v. Chouteau Transp. Co., bound and that she was liable m dam-
108 Mo 394 18 S W 970. ^^es for failure to make right delivery by

,„ _. ' • " r ... ' A. I- placing libelants on some river vessel for

1 ^2- ^'I'^M^k" °f "^^^^^"^ ^^ *° ^^Y^ the completion of the voyage. The Na-

landing shall be made -Torrcy v. Kelly, ^j^,^^j ^.j ^^^ p^^ 822^ 55 C. C. A. 44.

121 I'cd. 042. :,7 C. C. A. 604. ^j^^ ^^^^ ^j.,^^ ^,^g master offered to-

60. Duty to remain m port reasonable return libelants to San Francisco free of
time.— The President, 92 Fed. 673. charge on condition that they would

61. Entire contract — Carriage by char- sign a release of damages did not exon-
tered vessel and another. — The cliarterer erate the steamer from liability for the
of a demised steamer contracted with li- cost of their return passage after they
belants to transport them and certain had been compelled to abandon their fur-
cargo from San Francisco to points on ther journey because of their inability to
the Yukon river, the carriage to be made pay the rates demanded for transport a-
by such steamer to St. Michaels, and by a tion up the river. The National City, IIT
connecting river steamer for the remain- Fed. 822, 55 C. C. A. 44.-

§§ 4399-4400 carriers. 3986

that, if the passenger could not be safely landed at the port of destination, he
might be landed at the next port reached by the vessel, the carrier was not en-
titled to land a passenger at a port intermediate between that of departure and
that of destination, though such port was the last one before reaching the port
of destination, and though it was there learned that the port of destination was
icebound and inaccessible.^ ^

Deportation Act of Law. — Where, after a family of immigrants had been
excluded by the government for a contagious disease, the steamship company
agreed to become responsible for them on proper security being furnished, in
accordance with a modified order by the government, but thereafter deported
them without giving a reasonable time to furnish such security, the steamship
company could not defend an action for damages so caused, on the ground that
the deportation was an act of the law.*"^

Duty to Return Passenger Where Voyage Fails. — Where a carrier agreed
to take a passenger to Dawson, Alaska, via the Yukon River, but his steamer
proceeded no further than Ft. Yukon, because of low water and the carrier did
not contend that it would have gotten him through before the following sum-
mer, it was bound to bring him home.*^-* This is not a parallel case with that in
which passengers were delayed on railroads where cars are running on fre-
quent and regular time.

§ 4400. Actions. — Evidence — Admissibility and Materiality. — In an

action for breach of a contract of carriage, for landing plaintiff at a point short
of his destination, where defendant had introduced evidence that, before reach-
ing the port of destination, it had learned that that port was inaccessible be-
cause of ice, evidence as to the persons from whom it received such informa-
tion was immaterial.^ ^

Weight and Sufficiency. — The vessel rules as to weight and sufficiency of
evidence apply in libels by passengers against vessels or actions against their
owners for breach of contract to the discharge at destination. Instances are
given in the footnotes, where the evidence was held to show the making of a
contract to land libelant as near to the mouth of a river as could be safely
done;^<5 to show that the defendant contracted as principal for the prompt con-
veyance of plaintiff across the Isthmus of Panama and to charge him with dam-
ages for a detention ; ^^^ to show that the contract as made was performed ; ^^

62. Landing at port next to destina- Francisco. He was furnished by the cor-
tion. — -Bullock v. White Star Steamship poration managing the transit route with
Co., 70 Pac. 1106, 30 Wash. 448. passage tickets for the conveyance of

63. Deportation act of law. — Kahaner persons across the isthmus by their
V. International Nav. Co., 117 Fed. 979. steamboats and carriages, which he sold

64. Duty to return passenger where to passengers who embarked in his
voyage fails. — Smith v. North American steamships from New York and returned
Transp., etc., Co., 56 Pac. 372, 20 Wash. those which he did not sell; but was not
580, 44 L. R. A. 557. an agent of, or employed by, the transit

65. Evidence — Admissibility and mate- road. Upon the door of the office at
riality.^Bullock t-. White Star Steamship New York, occupied by defendant's agent,
Co.. 70 Pac. 1106, 30 Wash. 448. and which he frequently visited, was

66. Evidence in a libel by a passenger posted an advertisement, headed "Van-
against a vessel for an alleged breach of derbilt's Line between New York and

Online LibraryThomas Johnson MichieA treatise on the law of carriers (Volume 4) → online text (page 164 of 214)