Page:Federal Reporter, 1st Series, Volume 5.djvu/843

 KANE V. PENSBY. 88X �designation of the place of deliyery was 3xiade before her arrivai. On her arrivai at Haverstraw the boat was left by the tug, in whose tow she was, and was made fast at à pier called Peck's do,ck, at which it is ùsual for canal-boats to be left by tugs; there not bôing depth of water enough atôthet docks in Haverstraw for the tugs to land cànal-boats at them directly. Three points are made by the libellant to charge the respond- ents with demarrage for the delay subsequent to arrival^at Peck's dock — First, that the arrivai of the canal-boat af Peck's dock and notice to the consignees was a compliance with the bill oflading; secomiiy, that if not Bo, the con- signees accepted her at that place; &D.à,thircUy, that if the consignees had the right to designate the dock at which she should deliver, and did designate their own dock, the delay wis owing to: the insuffioieney of theiir dock and the waiit of water there caused bythsir own fault. �1. Peck's dock, upon the proofs, is not the iaflual place for delivery of coal by canal-boats at Haverstraw. It is a private dock, and the place where boats can lie for discharge was in- accessible to the consignees by reason of the dock being covered by railroad tracks so laid that wagons cannot reaich the end of the pier. The consignees had no right there. The consignees had a dock of their own, at which they often receive coal, accessible at ordinary high tide for canal-boats of the draught of this one. �2. The consignees did not accept the coal at Peck's dock. On the contrary, the evidence shows that the libellant engaged a tug to tow the boat to respondents' dock, and agreed with the captain of the tug to pay for the towage by giving him an order on the consignees for its payment ont of the freight which they were to pay. This shows that he acquiesced in the designation of the respondents' dock as the place of dis- charge. �3. The libellant's boat failed to reach the respondents' dock mainly through insufficiency of water, caused by a long course of prevailing westerly winds, which kept the tide down. At or- dinary high tide there was water enough, but from the six- ����