James Clark McReynolds

“ If, on the other hand, the vessel started from Ponta Delgada with the intention of going to New York, the only emergency claimed to justify departure from the ordinary course and procedure to North Sydney arose from willful failure to take on sufficient coal.
An emergency sufficient to excuse a departure cannot arise out of circumstances deliberately planned nor from gross negligence. ”

“ After proceeding five or six days toward New York, it became manifest that there was not enough coal to make that port, and thereupon she radically changed her course and proceeded to North Sydney, where she arrived with 62 tons. ”

“ We confine our consideration to the points specified by the petition and agree with the conclusions of the Circuit Court of Appeals concerning the essential facts, although they are radically different from those of the trial court. ”