Page:Federal Reporter, 1st Series, Volume 3.djvu/726

 o'hXEB V. STEAM-TUa BEILLIANT, 719 �the improved and peculiar facilities of the railroad for dis- charging iron into bonded cars, by wMch the delay of weigli- ing it in smaller quantities by eustom-house offieers is obviated, fuUy made up the four days, considering how long it would probably have taken to have discharged the cargo at an ordi- nary dock. As to the facts on which this defence is based, I am not entirely satisfied ; and, even if I were, I doubt if it could be properly maintained without showing some consent by the master to wait, in order to obtain the advantage of the im- proved facilities. No such consent is claimed. On the con- trary, it appears that the master from the first, and almost from day to day, protested against the delay and urged his right to be at once discharged. He was entitled to have the iron taken away as fast as he could deliver it, and the fact that the consignees did f uUy comply -with the contract as soon as they gave him a berth, is no justification of the delay in procuring one. �I pronounce in favor of the libellants for four days' demur- rago, at the rate of £15 sterling per day. ���O'Harb V. The Steam-Tug Bbilmant. �(District Court, E. B. New York. July 16, 1880.) �1. Negligence — OAirAii-BoAT rtî Tow of Tug — Meabubb of Damages. A canal-boat, while in the tow of a tug, was negligently run upon a ffunken wreck, without any fault upon the part of the canal-boat. Hdd, that the liability of the tug was limited to the cost of pumping the canal-boat from the time of the accident till she was taken to the dry dock, the value of any persoual property on board the boat, and belonging to the libellant, that was destroyed by the accident, and demurrage for the boat from the time of the accident till the time she was let o£E the ways, after being repaired, at the rate of four dollars a day. �T. G. Campbell, for O'Hare. �Beebe, Wilcox dt Hobbs, for the steam-tug Brilliant. Benedict, D. s. After examining the evidence in this case I bave arrived at the following conclusions: The tug Bril- ����