Page:Federal Reporter, 1st Series, Volume 4.djvu/562

 648 FEDERAL REPORTEH. �fjringe bis patenl. In the game respects tHe cub resembles Whidden, and therefore does infringe his patents. The cub nail may be an improvement on both Estabrook and Whidden, for it bas the round body of the former, as well as the above- mentioned features of the latter; but its point of departure does not seem to me to be a headless wire screw peg, so much as a eut corrugated nail with a head. Injunctiou granted. ���BcHMiDT ». The Steam-Ship Pennstlvakia.* (Gircuit Court, E. D. Pennsylvania. October 28, 1880.) �. LiBEL IN Rem pob Refusai, of ÎIasteb to Delivee Goods Shipped — Stoppage m Trahsitu — Rights dp Indorsee op Bill dp LADma. Where the master of a vessel refusea to deliver goods shipped under a hill deliverable to the order of the shipper, in consequence of direc- tions received from the shipper to stop the goods, which stoppage is subsequently withdrawn by the shipper, the vessel is liable in rem, to the holder for the value of the bill of lading indorsed by the shipper, for the damages sustained by a fall in value of the goods between the time of demand and the time of actual delivery. �. Samb— Mbasuke dp Damages — Loss dp Salb op Goods by Delat IN Delivery. — If, in consequence of the refusai to deliver, the holder of the bill of lading loses the beneflt of a sale which he had made of the goods to arrive, and of which he had notifled the master of the vessel at the time of demand, the measure of damages is the difference between the price at which such sale was made and the market price at the time of the actual delivery by the master. �. Samb— Date at which Loss is to be Estimated — Ofper to De- liver — Refusal to Accept. — After libel flled, the notice from the shipper was withdrawn, and the master of the vessel oflered to deliver the goods, and requested a discontinuance of the suit. The holder of the bill of lading replied that he would accept the goods at the then market price, if the vessel would pay the loss to that time. Subse- quently the goods were delivered without prejudice. HeM,, that tha measure of damage was the fall in value to the date of actual delivery, and not to the date of the oSer to deliver. �In Admiralty. Appeal from decree of district court. •Reported by Frank P. Prichard, Esq., of the Philadelphia bar. ����