Transoceanic Petroleum Carriers v. Cook Industries Inc. (The Mary Lou) - Mr. Justice Mustill - Q.B. (Com.Ct.) - April 9, 1981

Shipping - Charter-party - Safe Port

By a charter-party on Baltimore Berth Grain form dated Dec. 18, 1973 the defendant owners chartered their vessel Mary Lou to the plaintiff charterers to carry a cargo of 33,000 tons of grain in bulk, 5% less quantity in owner’s option from one or two safe berths, one safe port U.S. Gulf (excluding Brownsville), New Orleans/Ama/Reserve/Myrtle Grove/Destrehan counting as one port, to Greece. On Feb. 2, 1974 the charterers nominated “New Orleans area” as the loading port (New Orleans being 100 miles up the Mississippi River from the open sea) and on Feb. 7 when the vessel was anchored off the Southwest Pass, the only pass into the river suitable for the Mary Lou , nominated Reserve, just upstream of New Orleans as the loading place. Between Feb. 19 and 22, the vessel loaded 33,000 tons of corn. After leaving Reserve on Feb. 22, the vessel bunkered and then sailed down river on a maximum static draft of 33' 9''. The vessel was accordingly within the then maximum recommended draft of 34', such draft being recommended by the pilots responsible for the Southwest Pass. On Feb. 22 the vessel was being navigated down river in accordance with the instructions of a pilot when she grounded at the exit from the Southwest Pass.