Steamship Willdomino v. Citro Chemical Co.

Background

A British steamship carrying 503 casks of citrate of lime was hired to carry the cargo from Messina, Sicily, to New York under bills of lading that allowed calls at intermediate ports and for bunkering. After leaving Messina the vessel called at several ports, had trouble with a turbine, and took on coal at various stops. While passing between Nova Scotia ports the ship struck a reef or submerged object because of negligent navigation, damaging the cargo, which the owners refused to accept at destination. Lower courts reached different results before the appeals court decided for the cargo owners.

Reasoning

The central question was whether the ship departed from its agreed course when it went to North Sydney and whether that departure was excused. The bills did allow intermediate calls and bunkering, but the Court found the ship left Ponta Delgada with far too little coal, sailed toward New York for several days, and then suddenly changed course to North Sydney after it became clear it could not reach New York. The Court concluded this was an inexcusable deviation—either a deliberate plan to pretend the ship was bound for New York or gross negligence in planning fuel—so the carrier lost the protection against liability and became responsible for the cargo loss. The Court did not reach the separate legal question about the Harter Act’s causal requirement.

Real world impact

The ruling makes shipowners vulnerable to full liability when they fail to follow an ordinary course or create a pretense about their voyage. Bills of lading that allow intermediate calls do not permit wandering without adequate reason, and cargo owners can recover when an unjustified detour causes loss.