Page:Federal Reporter, 1st Series, Volume 1.djvu/646

 638. ÏBDEBÀli BSPOBÏËS. �Ceawpobd and others ». Mbllob & Eittenhouse. �(District Court, E. D. Pennsylvania. April 7, 1880.) �LlBEIi — DELAY in UnLOADING VeSSBI, — LlABILITY OP OWNBR OF CARGO �FOR Detention of Vksskl. — The owner of a cargo, who delays na- loading it after the vessel arrives at the designated wharf, is liable to the owners of the vesael for damages for its detention, althougli by the terms of his purchase of the cargo the vessel was employed and the freight paid by the shipper. A. purchased coal from B., to be delivered at a certain wharf. B. em- ployed a vessel to transport the coal. When the vessel arrived at the wharf the maater handed the bill of lading for the coal to A. 's agent, but the latter delayed unlading for flve days. Edd, that A. was liable to the owners of the vessel for its detention. �In Admiralty. �Libel by the master and owners of a barge against the consignees of a cargo to recover damages for detention of the vessel. An answer was filed and testimony taken, which disclosed the foUowing f acts : Eespondents, who were manu- facturers in Philadelphia, purchased of Bright, Thomas & Ce, of that city, 1,200 tons of coal, to be delivered by the vendors "along-side Kersey's wharf," on the Schuylkill river, at $1.75 per ton. At the same time respondents made a contract with Kersey, the owner of the wharf, to unload and store the coal and deliver it at their manufactory. Bright, Thomas & Co., in carrying ont their contract, shipped, on libellants' barge, 204 tons of coal, which, by the terms of the bill of lad- ing, were to be transported to Kersey's wharf and delivered to respondents. The bill of lading contained no stipulation for demurrage. Libellants' vessel arrived at Kersey's wharf, and the master immediately handed the bill of lading to the superintendant eniployed by Kersey, but, owing to the fact that there were seven boats at the wharf ahead of libellants' boat, the latter was detained Eve days before the superin- tendent commenced to unload the cargo. The master testi- fied : " We lay outside the wharf, two abreast, and I took my tum with the other boats." After the cargo was discharged the master received back the bill of lading, with an indorse- ment that the coal had been unloaded, and subsequently he was paid the freight by Bright, Thomas & Co. This libel waa ��� �