ACCINANTO, LTD., AND OTHERS v. A/S J. LUDWIG MOWINCKELS AND ANOTHER. [THE "OCEAN LIBERTY."]*

[1951] 2 Lloyd's Rep. 285

UNITED STATES.DISTRICT COURT OF MARYLAND.

Before District Judge Chesnut.

Bill of lading-Loss of cargo-Fire and explosion-Lack of adequate ventilation of dangerous cargo-Knowledge of carriers-Seaworthiness-Due diligence -Deviation owing to strike at unloading port-Cargo of ammonium nitrate fertilizer loaded at Baltimore in lower holds of defendants' ship- Plaintiffs' general cargo loaded at Baltimore and New York for Antwerp and Le Havre-Scheduled voyage for Antwerp, Cherbourg, Le Havre and Boulogne - Strike of stevedores at Antwerp-Ship diverted by defendants to Brest-Fire discovered in fertilizer a few days after arrival at Brest, followed by explosion which completely destroyed ship and cargo-Claim by plaintiffs for damages, alleging (1) failure to deliver; (2) deviation-Plea by defendants that they were protected by Sect. 4 (2) of the U.S. Carriage of Goods by Sea Act, 1936, which provided that the carrier should not be responsible for loss or damage resulting from "(b) Fire, unless caused by the actual fault or privity of the carrier"; further, that the deviation was reasonable under Sect. 4 (4) of the Act - Dangerous characteristics of fertilizer as cargo-Evidence that two months before the present loading there had occurred in Texas City a catastrophic fire and explosion in a ship loaded with a similar cargo-Duty of defendants to make proper inquiry as to precautions necessary to be taken in the carriage of such cargo-Susceptibility to spontaneous combustion - Necessity to provide adequate ventilation-Meaning of "reasonable deviation"-Onus of proof.