Page:Federal Reporter, 1st Series, Volume 1.djvu/629

 O'EOUBaB V. T0N3 OB' COAL. 621 �Wallace, 3 Cl. 130; Sleeper y. Puig, Dist. Gt. S. Dist. N. Y. unreported; S. C. afErmed, 8 Eeporter, 357. �I think these cases recognize as a qualification of this right of this consignee to desiguate the place of discharge that it must be one not unreasonably inconvenient or inaccessible, or extra hazardous to the vessel. Whether or not it is so incon- venient, inaccess'ble, or extra hazardous, must be determined by the circumstances of the particular case. �In the present case there were certainly some inconven- iences and some hazards to the libellant's boat in complying with the consignee's request to take her to his wharf to dis- charge her cargo. At the wharf at which she stopped she could lie safely at ail stages of the tide and diseharge her cargo continuously. At the consignee's wharf she could lie and discharge at high tide, but when the tide was about two- thirds dovm, on account of the want of depth of water, she vrould have to be shoved out into the river or hauled away till the tide rose again sufficiently for her to be brought back to continue her discharge. The bottom was auch that it would be unsafe for a loaded boat to lie there aground. The time required for the discharge of her cargo would thereby be prolonged certainly one day, and perhaps two. To reach the consignee's wharf the libellant's boat, which drew 6 f eet and 10 inches, could only cross the bar in. the river above the bridge when the tide was at least half flood, and there ■was no practicable way of getting her up there except by poling her up on the flood-tide. Nor would it be safe to do this in the night-time. There was but one time in the day» of about three hours, when it could be safely attempted. It ■was late in the season, and that time of year, December 12, ice was liable to form in the river any night, and at the con- signee's wharf, which was a mere bulk-head, lying along the bank of the river, the boat would, in case of ice forming while she was detained there, be in danger of being eut and sunk by the ice, and in danger of being frozen in. �The delay that would be necessarily caused by the only method of diseharge practicable there, as above described, might very possibly lead to the loss of libellant's boat from this ��� �