“ Now, a vessel which has to carry cargo which can only be safely carried if its refrigerating machinery is in proper order is one which, at the present day, according to a series of decisions, both in this country and in America, cannot properly be regarded as seaworthy unless it has that machinery in proper order. The term 'seaworthiness' is one which was originally, no doubt, used in days when refrigerating apparatus and other modern appliances for the safe carriage of cargo were unknown. ”

“ Upon the arrival of the ship at Liverpool, the meat was found to be in bad condition, mouldy and slimy, resulting in a considerable loss to the shipper. The libel seeks a recovery because the refrigerating apparatus was out of repair at the time of sailing, and was not repaired during the voyage, so that the temperature of the compartment in which the meat was carried could not be reduced to the proper degree for its safe transportation. ”

“ The trade of shipping dressed beef abroad has grown constantly in volume until it has become a most important part of our foreign commerce. For the purpose of properly discharging the duties involved in such transportation, vessels provided with refrigerating apparatus have been put into service, and compete with others for this branch of the carrying trade. The owners of such vessels hold them out to shippers and invite their trade upon the representation, actual or implied, that the apparatus provided is fit to receive and carry the meat in proper condition to its destination. ”

“ Since the passage of the act, as to cases coming within its terms, before the owner can have the benefit of the relief provided by § 3 he must have exercised due diligence to provide a seaworthy vessel, capable of performing her intended voyage. Obviously, a cargo of dressed beef to be shipped a long distance is one which, from the inherent quality of the thing carried, is liable to loss unless properly stowed in rooms artificially chilled for the purpose of preserving it. ”

“ It is argued that appellees are not claiming the benefit of the Harter act, but rely upon the contract in the bill of lading to exempt them from liability in the absence of affirmative proof of negligence. ”

“ We think, for the reasons stated, there was error in rendering a decree dismissing the libel, and the decree of the District Court, as well as the judgment of affirmance of the Court of Appeals, will be reversed, and the cause remanded to the District Court, with instructions to enter a decree in favor of the libellants. ”

“ The effect of this law is not to relieve the owner from the general duty of furnishing a seaworthy ship, but to limit his liability in certain particulars and upon the condition named in the statute. The Carib Prince, 170 U.S. 655, 42 L. ed. 1181, 18 Sup. Ct. Rep. 753. Before the passage of the act, the initial obligation could be limited in certain particulars by special contract not involving negligence of the owner. ”

“ A ship is impliedly warranted to be seaworthy quoad that article, and if damage occurs in consequence of the unfitness of the ship for carrying that article, the ship is liable, and cannot exonerate itself by proving the non sequitur that it is capable of carrying safely and without damage some other article of a different character."
In The Maori King v. Hughes [1895] 2 Q. B. 550, it was held that a vessel offering to carry frozen meat impliedly warranted that the refrigerating machinery was, at the time of shipment, fit to carry such cargo in safety. ”

“ We perceive no reason why such tests should not have been made. We think it was the duty of the carrier to cause them to be applied and determine the working condition of the apparatus before receiving the cargo, which in hot weather and upon a long voyage would surely spoil unless a proper condition of refrigeration was established. ”