Only in conditions where ship owners fired up cold boilers, using Bunker C. fuel, when winds were blowing from the north, under not too dry or not too wet conditions, would possible damage occur. Under such conditions, the smoke particles could have turned to sulpheric acid, and had a corrosive effect on the vehicle paint (Nissan Motor Corp. v. Maryland Shipbuilding, 1982).

The Court found that the defendants did not fire up the boilers, and thus, were not directly negligent. Only the ship owners could have fired up the boilers when leaving the docks. The shipyard employees were clearly not directly responsible for the "light off" procedure and thus, could not be held responsible for any damage caused by such a procedure. Had Nissan chosen to sue the ship owners, the Court noted, the vessels could have been seized under admiralty process, and the ship owners could have been liable...
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