Page:Federal Reporter, 1st Series, Volume 1.djvu/632

 624 FEDERAL PBPOBTBB. �contract required him to go furtûer. The rights of the par- ties are fixed by the bill of lading, and the evidence of con- versations prier to the date of it cannot have any effect to vary its provisions. The facts that the consignee's wharf was an old wharf, and that many canal beats were towed or poled up there every year, and that the consignee generally received his coal there, have no bearing on the question. His wharf was not the customary place for landing cargoes of coal at the port of Hackensack. It was, at most, but on» of "several such customary places; and the particular con- tracts made in other cases are not shown. This libellant had the right to stand on his contract, even if other persons had yielded to the demand of this consignee, under similar con- tracts, to bring their boats to his wharf; and the consigneô could have expressly contracted to bave the boat brought to his wharf if he had seen fit. �The libellant is entitled to a decree for the damages sus- tained by him from the refusai of the consignee to receive the cargo. �Decree for libellant, with costs, and a reference to comput» damages. ���Bergen p. The Steam-Tuo Josehh Stiokney, etc. �(District Court, 8. D. iVew York. March 16, 1880.) �CoiiLlsioN — Evidence — Burden op Pboop. — " In the case of injury from a collision the burden of proof is upon tho libellant to ahow, by a fair preponderance of the evidence, that the collision happened, aad that it was the cause of the injury." �In Admiralty. �J. A. Hyland, for libellant. �E. D. McCarthy, for claimant, �Choate, J. This is a libel for damages alleged to have been caused by a collision between the steam-tug Joseph Stiok- ney and the libellant's canal boat, Ida, on the twentieth day of May, 1879. The Ida was taken in tow on the nineteenth of May, having on board a, cargo of coal, at South Amboy, ��� �