Hurlbut v. Turnure

Not specified
Decided Filed Not specifiedDistrict Court, S. D. New York
Disposition
affirmed in part
in part scope · unanimous
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Court
District Court, S. D. New York
Filed
Not specified
Decided
Judge
BROWN, District Judge
Posture
Libel filed to recover defendant's share of general average assessment
Respondent (cargo owner) (1)
Lawrence Turnure
Carter & Ledyard, E. L. Baylies, W. F. Taylor
v.
Libellant (ship owner or agent) (1)
William W. Hurlbut
Gonvers & Kirlin

Overview

Decree against the respondent for his share of the general average, corrected to exclude expenses proximately caused by the ship's deficient coal supply. The court sustained the general average for losses due to the hurricane alone, allocating 1/5 of specific losses to the ship as particular average and 4/5 to general average.

Case summary

This admiralty case involves a libel by William W. Hurlbut against Lawrence Turnure to recover the defendant's share of a general average assessment. The steamship Dunedin left Cuba for New York in October 1891 with only 115 tons of coal (9.5 days' supply) instead of the customary 10+ days' supply. During the voyage, a hurricane prolonged the trip to 12 days, forcing the ship to consume ship's materials and cargo (sugar) as fuel and to put into Newport News for additional coal. The ship owner sought to charge the cargo owners with general average for these losses. The defendant contended that the ship's deficient coal supply caused all losses and should exempt the cargo. The court held that the ship must bear as particular average the damages proximately caused by its failure to take the customary coal supply, including the expense of putting into Newport News and 1/5 of the consumption of materials and sugar (representing the period the deficient supply would have covered). The remaining 4/5 of the losses, caused solely by the hurricane, constituted a general average charge for which the cargo owner was liable. The court also held that a bill of lading clause authorizing the vessel 'to call at any port or ports for whatever purpose' did not release the ship from its duty to take a reasonable coal supply.

Abstract

In this admiralty libel action, the cargo owner sought to avoid liability for a general average assessment due to the vessel's insufficient coal supply, which contributed to losses during a hurricane-extended voyage requiring consumption of cargo as fuel and a stop for additional coal. The court ruled that the ship must bear as particular average the losses proximately caused by the deficient supply, including port expenses and one-fifth of the consumed materials and cargo, while holding the cargo owner liable for the remaining four-fifths attributable solely to the hurricane as general average. A bill of lading clause permitting calls at ports did not excuse the ship's duty to carry a reasonable coal supply.

Opinion of the court

Majority
opinion
BROWN, District Judge
  • Ship's deficient coal supply does not exempt cargo from all general average charges
  • Ship bears proximate consequences of neglect as particular average
  • 'Liberty to call' clause does not authorize sailing with short supply
  • Losses from hurricane alone are general average

Jurisdiction

not challenged
Statutory basis
Not specified
Subject matter
Admiralty and maritime law
Jurisdictional holding
Not applicable
Jurisdictional facts
  • Libel filed in District Court, S.D. New York
  • Case involves general average bond and maritime voyage

Procedural posture

Posture at trial
Libel filed to recover defendant's share of general average assessment
Posture on appeal
Direct appeal from trial court decision
Preserved issues
  • Whether ship's deficient coal supply exempts cargo from general average charge
  • Interpretation of bill of lading 'liberty to call' clause

Legal categories

Business

Case record

Full case name
HURLBUT v. TURNURE
Docket number
Not specified
Court
District Court, S. D. New York
Trial court
District Court, S. D. New York
Trial court judge
BROWN, District Judge
Filed
Not specified
Decided
Opinion author
BROWN, District Judge
Opinion type
published
Precedential status
precedential
Judges on panel
BROWN, District Judge

Issues & holdings

2
Issues raised
1
affirmed in part
1
affirmed
3
Holdings
Standard of review

de novo

Disposition rationale

Ship must bear consequences of deficient supply but not all losses; only those proximately caused by deficiency

Preservation

Issue preserved for review

Standard of review

de novo

Disposition rationale

Clause does not authorize sailing with short supply or release ship from ordinary duties

Preservation

Issue preserved for review

Holdings of the court

Effect of deficient coal supply on general average liability
Ship must bear as particular average the damages proximately caused by failure to take customary coal supply, but not losses from independent causes like hurricane
Ship's default makes it chargeable with proximate consequences of neglect, but general average applies to losses arising from extraordinary perils of sea independent of default
unanimousbinding precedent
Interpretation of 'liberty to call' clause in bill of lading
Clause does not release ship from duty to take customary coal supply or authorize sailing with short supply
Clause must be reasonably construed; does not permit departure from ordinary voyage course or excuse performance of ordinary duties
unanimousbinding precedent
Allocation of specific losses
Ship bears expense of putting into Newport News and 1/5 of consumption of ship's materials and sugar; residue (4/5) is general average charge on cargo
1/5 represents period deficient supply would have covered; 4/5 due to hurricane alone
unanimousbinding precedent

Burden of proof

Prosecution burden
Libellant must prove entitlement to general average contribution
Defence burden
Respondent must prove ship's default caused losses
Burden met
true

Standards of review

  • Interpretation of bill of lading clause and allocation of losses — de novo Legal interpretation of contracts and maritime principles reviewed de novo

Timeline

7
Events
1,853
Days, incident to ruling
—
Span
factual eventcited in opinion

Steamship Dunedin departs Cienfuegos, Cuba for New York with 115 tons of coal (9.5 days' supply)

Outcome: Voyage begins with less than customary coal supply

Sets stage for subsequent coal shortage and consumption of alternative fuels

Deficient coal supply
Ship crew · Cargo owners Cienfuegos, Cuba not applicable
factual eventcited in opinion

Ship encounters head winds and seas near St. Antonio

Outcome: Voyage prolonged

Contributes to extended voyage duration

General average assessment
Ship crew Near St. Antonio not applicable
factual eventcited in opinion

Northeast gale begins

Outcome: Further voyage prolongation

Weather conditions worsen

General average assessment
Ship crew At sea not applicable
factual eventcited in opinion

Hurricane begins, ship has only 18 tons coal left, engineer starts using ashes and ship's materials as fuel

Outcome: Consumption of non-coal fuels begins

Direct result of coal shortage and weather

Deficient coal supplyGeneral average assessment
Ship crew At sea not applicable
factual eventcited in opinion

With 12 tons coal left, ship begins using sugar as fuel along with coal

Outcome: Cargo consumed as fuel

Significant loss to cargo owners

General average assessment
Ship crew At sea
factual eventcited in opinion

Ship reaches Newport News, uses only sugar fuel last half day, puts in for additional coal

Outcome: Port of refuge expenses incurred

Necessary due to coal exhaustion

Deficient coal supplyGeneral average assessment
Ship crew Newport News not applicable
rulingcited in opinion

District Court issues opinion allocating losses between ship and cargo

Outcome: Ship bears 1/5 of losses as particular average; 4/5 as general average

Final disposition of case

All issues
BROWN, District Judge District Court, S.D. New York trial court

Facts & evidence

Incident

Date
October 1891
Location
Voyage from Cienfuegos, Cuba to New York, with stop at Newport News

Key facts

6 facts
  1. Steamship Dunedin left Cuba on October 3, 1891, with cargo including sugar
  2. Ship had 115 tons of coal (9.5 days' supply) instead of customary 10+ days' supply
  3. Voyage prolonged to 12 days due to hurricane from October 11-13
  4. Ship consumed ship's materials and sugar as fuel due to coal shortage
  5. Put into Newport News on October 15 for additional coal
  6. General average assessment made for losses

Disputed questions

  • Whether 115 tons was reasonable coal supply for voyage
  • Whether ship's default caused all losses or only part

Procedural history

2 steps
  1. Libel filed upon general average bond
  2. Trial held in District Court, S.D. New York

Evidence in the record

Direct
  • Testimony on coal consumption rate (12 tons per day)
  • Captain's testimony on fuel usage
Physical
  • Ship's materials consumed as fuel
  • Sugar consumed as fuel
Testimonial
  • Witness testimony on reasonable coal supply
  • Captain's testimony
Documentary
  • General average bond
  • Bill of lading
  • General average adjustment by Johnson & Higgins
Circumstantial
  • Weather conditions prolonging voyage
  • Necessity of using alternative fuels

Objects of relevance

Steamship DunedinSugar cargoCoal supply

Policy considerations

  • Balancing ship's duties with shipper's expectations
  • Promoting maritime safety through adequate preparation

Authorities

Cited authorities (1)

1 Pars. Shipp. & Adm. 285, 320-322
appliedprecedent
Cited for principle that seaworthiness is not condition precedent for freight payment, analogized to general average charges
and note

Standards & doctrines

  • General average vs. particular average in maritime law

Legal principles applied

  • Ship bears proximate consequences of neglect in taking adequate coal supply

Notable quotes

“The proper legal consequence of the ship’s default, therefore, is that she shall stand chargeable with the full performance of her duty to make good the customary supply of coal, and bear all the proximate consequences of her neglect to do so at the start.”
majority — Explaining legal effect of ship's deficient coal supply
Establishes principle that ship bears proximate but not all consequences of default
“The clause in question is not equivalent to a specific provision for liberty to coal at Newport News, because in that case the shipper would have specific notice of the intent to stop there and to depart from the customary voyage.”
majority — Interpreting 'liberty to call' clause in bill of lading
Limits scope of clause to reasonable calls, not authorization for deficient preparation
Index terms56
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Geo locations
Judges
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Procedural terms
Entities and documentation
Legal actions
Action type
affirmed in part
Target
General average assessment
Appealed from
Trial court
Context
Court affirms general average for losses due to hurricane but not for losses proximately caused by ship's deficient coal supply
Scope
in part
Further instructions
If parties disagree, reference to Commissioner for adjustment
Disposition vote
unanimous
Physical materials
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Brown
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