GTS Industries SA v S/S “Havtjeld” - US Court of Appeals (2nd Circuit) (Kearse, Cardamone and Mahoney Ct JJ) - 1 November 1995

Cargo claim - Whether shipowners enticed to delegate duty to furnish a seaworthy vessel - Whether trial court erred in relation to burden of proof

The plaintiff shipper brought an action against the shipowners of the carrying vessel for cargo damage. The cargo consisted of 1,660 pieces of steel pipe sheathed in an external polyethylene coating and ten externally bare pipes. The cargo was to be carried from Dunkirk, France to Philadelphia. tinder the terms of the charterparty the shipowners warranted that the vessel was suitable to load, transport and discharge the cargo and that the ship was in every respect fitted to perform the voyage. The terms of clause 2 made the shipowners responsible for cargo damage caused by negligent or improper stowage and for failure to exercise due diligence to make the vessel seaworthy.