Page:Federal Reporter, 1st Series, Volume 3.djvu/724

 BJOEKQUIST tJj'feEBTAIR' STEEL EaIL CROP ENDB. 'Tï'î �But, if I ani right itnûy construction 6f the patent, this îs no answer. Such a cistern, if made since ihe patent, \roulà have been a clear infringement on the patent as I have con- etriiedît. Having been made prior to the 'plaintiff's inven- vention, it must, of course, be held to have anticipated it, and compels a decision that the patent is void for waut of novelty. �Tliis view of the case renders it unnecessay to consider any other of the varions questions presented. �The bill is dismissed, with costs. ���Bjorkqdist V. Certain Steel Eail CeoP Ends; �{District Court, D. Maryland. Beptember 7, 1880.) ; - �1. CHÀKTER-PABTY^DeMUEnAGE. — A cliarter-party stipùlateds "The Cargo to be loaded àhd discliarged with airqùiek dispaloli, îas fast as the captain caii receive anddeliver." jSWfi, that the charterers wer» liable for demurrage where the vessel W9,8, f roDjthe crowded condition cl' tîie port, delayed in procuring a berth. �' In Admiralty. Libel fôr Demurrage • �Brown dt Smith, for libellants. • �Cowanti- Cross, for respondetits. �Morris, D. J. The Russian bark ' Bacchua, of which libellant is master, was chartered to bring a cargo of ' steel rail ends from Antwerp to Baltimore. She arrived in the port of Baltimore on the fourth of December, 1879, and waa ready to dischar je on the 5th. The Baltimore & Ohio Eailroad Compaùy was to act on behalf of the consignees in reeeiving the cargo, and notice was given on the 5th to its foreign freight Agent, -who said that he already had information that the vessel had arrived, and had notified the holders of the bill of lading. The railroad agent referred the master to the Com- pany 's wharfinger, who said there -would be some delay, but that he would do the best he could, and wonld send a tug for the bark as soon as the berth for her was ready. The impor- ����