Mr. Smyth: The Act says the owner is to take all reasonable means to ensure the sea-worthiness of the vessel.
Mr. Justice Hodges: What would be reasonable means?
Mr. Smyth: One reasonable thing would be to see that there was protection for the pantry window.
Mr. Justice Hood: Take some other steamer, the Despatch for instance. What should the owners do to find out whether she was sea-worthy?
Mr. Smyth: I cannot say exactly. They run the risk.
Mr. Justice Hodges: They run the risk of being considered unreasonable whatever they do.
Mr. Smyth: In addition to the question of the Alert’s sea-worthiness there was the condition of the cargo.
Mr. Justice Hood: But the certificate is that she is fit to go to sea without any cargo.
Mr. Smyth: Nevertheless judgment should be exercised in loading the ship so that she would occupy a proper position in the water.
Mr. Justice Hood: If your contention is correct, the certificate should state that the vessel was sea-worthy so long as she was loaded in a particular way. Was there any witness who said that, assuming the vessel was sea-worthy, the loading rendered her unfit for sea?