Owen J. Roberts, Cullen Fuel Co. v. W. E. Hedger…
“ The fitness of the ship at the moment of breaking ground is the matter warranted, and not her suitability under conditions thereafter arising which are beyond the owner's control. Compare Armour & Co. ”
Owen J. Roberts, Cullen Fuel Co. v. W. E. Hedger…
“ Benner Line, supra, pages 355-356 of 246 U.S., 38 S.Ct. 330) , and come to the question of petitioner's right of limitation notwithstanding the implied warranty of seaworthiness. The Capitol Transportation Case is an authority against the right. As appears by the opinion of the District Court (The Benjamin Noble, 232 F. 382) , the contract of the owner in that case was oral and no express warranty was given. ”
