No. 51.

273 U.S. 326 (1927)


Supreme Court of United States.

Decided February 21, 1927.

Attorney(s) appearing for the Case

Mr. Louis T. Hengstler, with whom Messrs. H.H. Sanborn and Frederick W. Dorr were on the brief, for the petitioner.

Mr. Carroll Single, with whom Mr. S. Hasket Derby was on the brief, for the respondent.

MR. JUSTICE SUTHERLAND delivered the opinion of the Court.

This appeal involves the construction and application of § 3 of the Harter Act, c. 105, 27 Stat. 445, which, so far as pertinent here, provides: "That if the owner of any vessel transporting merchandise or property to or from any port in the United States of America shall exercise due diligence to make the said vessel in all respects seaworthy and properly manned...

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