Page:Federal Reporter, 1st Series, Volume 2.djvu/405

 398 FEDERAL REPORTER. �day during the period of the discharge, but the testimony satisfies me that, with an ordinarily good place to dischaige at, the ship can, with an ordinarily diligent and skilful steve- dore, discharge 30,000 feet in a day. It may be that the average amount actually discharged daily is less than this, as claimant's proofs tend to show, but that average would be reduced by ail those accidents of unreadiness to receive on the part of consignee's negligence, or delay of stevedores, bad weather, and other causes which in particular cases may haye interposed to protract the discharge ; but if 30,000 feet is ordinarily a fair day's work, as, on the evidence I think it is, then there is nothing in this charter-party which excuses the charterer from receiving and taking it away as delivered from the ship's tackles, if the master is ready and able so to deliver it ; and upon the proofs I also find that the master was ready and able so to discharge and deliver his cargo at the rate of 30,000 feet per day. An attempt was made on the part of the claimants to show that whatever delay there was was owing to the fault of the stevedore. There is considerable conflict in the testimony on this point, but I think that the master, if a credible witness, is the person having the best opportunity to observe the causes of the delay, and the most likely to remem- ber the faots with accuracy. He was interested to have the discharge go forward without interruption, and I think that his positive testimony as to the hindrances to the discharge is not overborne or discredited. �There was some hindrance while they were discharging the deck load on the pier, on account of the passing of people up and down the pier, but the testimony is that notwithstanding this that berth was an ordinarily good one for discharging the cargo. The principal cause of delay was the fact that the consignees did not, at their own bulk-head, keep a sufficient space clear of lumber to enable the vessel to put out her cargo continuously, and did not receive and take away the lumb?- as it was discharged. �What the vessel was entitled to under the charter-party was "customary dispatch." That does not mean the accept- ance of the cargo in that period of time which is f ound to be ����