Summary

Portrait of Melville Fuller Melville Fuller Smith v. Burnett — Opinion of the Court

We also think that the conclusions of the court of appeals, set forth in its opinion, that no ordinary skill or effort on the part of the master or owners could have been exercised effectively to save the vessel from total loss, and that the injury was not increased, nor the damages enhanced, by delay in attempting to raise and remove the vessel, cannot reasonably be questioned, and that we are not required to pass on the conflicting evidence in respect of the value of the vessel at the time of the injury.
Source: Wikisource

Portrait of Melville Fuller Melville Fuller Smith v. Burnett — Opinion of the Court

Although a wharfinger does not guaranty the safety of vessels coming to his wharves, he is bound to exercise reasonable diligence in ascertaining the condition of the berths thereat, and, if there is any dangerous obstruction, to remove it, or to give due notice of its existence to vessels about to use the berths. At the same time, the master is bound to use ordinary care, and cannot carelessly run into danger.
Source: Wikisource

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