Page:Federal Reporter, 1st Series, Volume 2.djvu/413

 '406 PEDEBAL REPORTER. �action for damages. The case, however, went off upon an- other point. In The Hermitage, 4 Blateh. 474, the charterer put a cargo on board and then took it ont and refused to fulfil the charter-party, alleging that it had been violated by the owner of the vessel. It was held that the lien attached as soon as the cargo was put on board, and that the owner could libel the cargo for the breach : but Mr. Justice Nelson put his opin- ion upon the express ground that the case did not fall within that class of cases where nothing bas been done under the charter — that is, where no goods have been placed on board — in which case he says there can be no lien upon the vessel or cargo under the charter-party. In The Pauline, 1 Biss. 390, the vessel had been chartered to the libellant, but noth- ing was done under the charter when the owners refused to comply with its covenants. The libel was dismissed, the court drawing a distinction between that and the case of TJie Bark Winslow, 4 Biss. 13, where the master had contraeted to receive on board a quantity of wheat from a warehouse. Through the negligence of the vessel a portion of the wheat was lost in the process of delivery from an elevator, and it was held that the wheat was delivered to the vessel when it passed from the elevator to the pipe, and that she was liable for the wheat lost. The decision was put upon the express ground of such delivery. The case of The Bark Edwin {Buck- ley V. The Naumkeag Steam Cotton Co. 24 How. 386) con- tains nothing inconsistent with the dicta in the former cases. The loss was occasioned by the explosion of the boiler upon a lighter upon which the cargo was heing carried from the shore to the vessel. It was held that a delivery to the lighter was a delivery to the vessel, and that the vessel became liable from that moment. The court cited and distinguished the former cases, and held that there was no necessary phys- ical connection between the cargo and the ship as a founda- tion upon which to raise a liability. �In the case of The General Sheridan, 2 Benedict, 294, Judge Blatchford refused to sustain an action in rem to recover damages occasioned to the charterer by the refusai of the vessel to proceed under her charter, basing his de- ����