[The following case is reprinted, with acknowledgments, from [1932] A.M.C. 863.] THE "VESTRIS."

(1932) 43 Ll L Rep 299

UNITED STATES. DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK.

Before District Judge Goddard.

Ship - Loss on winter voyage from New York to South American ports - List developed soon after commencement of voyage, gradually increasing until vessel capsized - Claim by shipowners to limit liability - Whether loss due to unseaworthiness on sailing or to perils of the sea or faults in navigation or management - Onus of proof - Weather conditions - Overloading - Defective openings in vessel - Hatch covers provided but inaccessible - Stability of vessel - Means of ascertaining metacentric height - Shipowners' knowledge of necessity to keep ballast tanks filled and hard pressed up - Failure to inform captain or officers - Tanks pumped out - Alleged neglect of captain to summon aid in time - Sufficient number of seaworthy and properly equipped lifeboats carried - Hazardous though not negligent method of launching, bearing in mind heavy list - Held, that the weather encountered was no more severe than was reasonably to be anticipated on the particular voyage at that time of the year; that the loss was due to a combination of causes (e.g., the vessel was tender and overloaded (814 in. below her winter marks), which reduced her buoyancy and stability, and which brought certain defective openings nearer to the water, allowing water to enter; the shipowners had failed to notify the master of the necessity of which they were aware of keeping the vessel's bottom tanks filled and hard pressed up and which were pumped out by him); and that the shipowners has not discharged the onus of showing the exercise of due diligence to make the vessel seaworthy in those respects, nor had they established lack of privity or knowledge of those conditions, which certainly contributed to the loss - Limitation refused.