Louis Brandeis

“ Its requirement of due diligence is imposed as a condition of securing immunity from liability for certain kinds of losses, like those due to errors in navigation or management. That the provisions of the Harter Act do not refer to liability for losses arising from fire is made clear by section 6 (27 Stat. 446) which declares that the act 'shall not be held to modify or repeal sections four thousand two hundred eighty-one, four thousand two hundred eighty-two, and four thousand two hundred eighty-three of the Revised Statutes'-section 4282 (46 USCA § 182) being the fire statute. ”

“ No provision in any bill of lading deprives the vessel owner of the protection given by the fire statute. There are 238 bills of lading on 18 different forms. In no bill of lading is there an express warranty of seaworthiness. In each, there is a provision expressly incorporating the fire statute. ”

“ The Harter Act provides in section 3 (46 USCA § 192) that the vessel owner shall not be liable if he 'shall exercise due diligence to make the said vessel in all respects seaworthy.' And under that act the requirement of due diligence is not satisfied if there is negligence on the part of any of the ship's employees. ”

“ Arkell & Douglas v. United States (C.C.A.) 13 F. (2d) 555; Bank Line v. Porter (C.C.A.) 25 F. (2d) 843; Petition of Sinclair Navigation Co. (D.C.) 27 F. (2d) 606; United States v. Charbonnier (C.C.A.) 45 F. (2d) 174 ”