She was also detained by the United States Coastguard for unseaworthiness. |
The burden of proving that the ship was not seaworthy and that unseaworthiness caused or contributed to the loss or damage complained of, lies on the defendants. |
The carrier shall be liable for loss or damage arising or resulting from unseaworthiness causes by the want of due diligence. |
That is because the essence of unseaworthiness as a cause of loss or damage is that the unseaworthy ship is unfit to meet the peril. |
Deserting and abandoning her by reason of unseaworthiness or danger of remaining in her, also when grounded and cannot be saved. |
Harvey suffered great losses because of the unseaworthiness of the prize ship, and petitioned the King for recompense. |