Page:Federal Reporter, 1st Series, Volume 2.djvu/419

 413 FEDERAL REPORTER, �Cardenas, after the discharge of the coal, and before the load- ing of the sugar. It is much more probable that the lim- bers were stopped by coal than by sugar or molasses. At ail events, I do not think they are shown to have been stopped by the latter. �I must, therefore, hold that the schooner was not fit for the voyage, and was unseaworthy, on account of the defect- ive condition of her limbers, and that this caused or contrib- uted to the damage to the sugar. �It appears that the loss on this sugar has been paid by the underwriters, and this suit is prosecuted for their benefit; and it is argued on the part of the claimants that the pay- ment is an admission that the loss was not caused by the unseaworthiness of the vessel. But ail the authorities are opposed to this claim, and it cannot be sustained. Monti- cello V. MoUison, 17 How. 152; Insurance Co.v. The C. D.Jr. 1 Wood, 72; The Amazon Ins. Co. y. The Steamboat Iron Mountain, 4 Cent. L. J. 103. �The entry is to be : Interlocutory decree for libellants. ���WiLLis and others v. The Stbamship Citt op Adstin, etc. �(District Court, S. D. New York. April 16, 1880.) �BnjL OP Laddig — Delivery on Wharf— LiABiLiTr of Vessel.— A. bill of lading provided that the goods should be at the risk of owner, con- signee or shipper as soon as delivered from the tackles of the steamer at her port of destination. The evidence showing a discharge of the goods upon the wharf at such port, and that they were afterwards takea away by the drayman of the party to whom they were directed, though not the one for whom they were intended, hdd, that the liability of the vessel had ceased. �Creevy, Bush e Clark, for libellants. �Butler, Stillman e Hubbard, for claimants. �Choate, D. J. This is a libel in rem to recover damages for the failure of the steamship to deliver a case of merchandise conformably to the bill of lading issued for the same. The answer is that the case was delivered aceording to the terma ����