Page:Federal Reporter, 1st Series, Volume 2.djvu/790

 BUBDGB ». TONS OF FISH 80RAP. fSS �claim of patent No. 220,126. The mode of operation of the combination of parts found in No. 231,721 is entirely differ- ent from the mode of operation of the combination of parts claimed in No. 220,126, and it required invention to pass from the latter to the former. If No. 221,721 had been the earlier patent, the structure in No. 220,126 would not in- fringe it. The converse of this is equally trae, The motion for a preliminary injunction is denied. ���BUBDQB VS. TWO HUNDBED AND TwENTY TONS OF FiSH SoBAP. �{District Gov/rt, D. Maryland. May 26, 1880.) �LoADiNG Cabgo— DuTT OF Mastkr.— It is the duty of a master, when fuUy cognizant of the f acts, to determine when the vessel has taken as much cargo at a wharf as Is prudent, in view of the depth of the water, altbough the cargo is being loaded by the shippers. �In Admiralty. �Brown e Smith, for libellant. �Marshall e Fisher, for respondents. �MoBBis, D. J. The respondents in this case chartered the Bchooner Martha Welsh for a voyage from Stearn's Works, Guilford, Connecticut, to Baltimore, Maryland, and they en- gaged to provide and furnish to the vessel at Guilford 200 tous of dried fish scrap, in bulk — cargo to be put in vessel's hold by shippers, but trimmed, stowed and discharged by ves- Bel's dispatch in loading and discharging. The charter-party contains this stipulation: "Charterers gua/ranty ten feet of water at wharf, at Guilford, and agree to lighter balance of cargo at their expense." I am satisfied from the testimony that before the master of the vessel got to the wharf at Guilford he was warned that there was not ten feet of water there, and that shortly aftergetting to Stearns' wharf he well knew, both from information given him by others and from his own soundings, that hardly eight feet could be expected at high tide. Notwithstanding that knowledge, he allowed the parties at the wharf to continue putting cargo on board until the ves- ����