William R. Day

“ But we are unable to agree with the views expressed in the opinion of the learned circuit court of appeals to the effect that where a shipowner seeks the protection of the immunity afforded by the Harter act under § 3, reliance may be had upon the presumption of law that the vessel was seaworthy at the beginning of the voyage, and that it is only in cases of conflicting proof that the burden is imposed upon the shipowner of establishing by testimony the seaworthiness of the vessel, or due diligence in that behalf, in order to have the benefit of the act. ”

“ The law says, in substance, that when the owner can show that he has discharged this duty he shall be relieved from errors of navigation and management on the voyage, over which he has not such direct control. It is not a case where there is either the necessity or propriety of resorting to presumptions. It is only when he has discharged the burden which the law imposes upon him, and shown that he has furnished a vessel, fit and seaworthy, or has used due diligence to that end, that the law relieves him of the liability which he would otherwise incur. ”

“ While we, therefore, accept the decision of the learned circuit court of appeals as to the facts in this case, we do not wish to be regarded as sanctioning any relaxation of the rule above stated, already laid down in the prior decisions of this court. ”