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STRONG V. UNITED STATES, 154 U. S. 632 (1878)

U.S. Supreme Court

Strong v. United States, 154 U.S. 632 (1878)

Strong v. United States

No. 537

Submitted January 14, 1878

Decided February 11, 1878

154 U.S. 632


By the terms of a charter party to the United States, the owner of a vessel undertook to keep her tight, staunch, strong and sound, and her machinery, boilers and everything pertaining to her in perfect working order, and to provide her with everything necessary for efficient sea service. The government undertook to deliver the vessel to the owner in New York at the aspiration of the charter party in as good condition as she was at the signing of it, ordinary wear and tear, damage by the elements, bursting of boilers, breaking of machinery excepted. The vessel was injured and sunk by a marine risk assumed by the charterer while engaged in the transportation of stores and men in the waters of North Carolina. She was raised and taken to New Berne, where she was temporarily

Page 154 U. S. 633

repaired by the government, but, being found out of order, was discharged at Port Royal by the government and taken to New York by the owner. Held that by reason of the failure of the owner to keep the vessel tight, staunch, strong and sound, the government was relieved from its liability to deliver the vessel to the owner in New York.

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