Page:Federal Reporter, 1st Series, Volume 6.djvu/547

 THE JOHN A. BERKMAN. 535 �European port, and insurance was obtained on this cargo. This is certainly a circumstanoe in favor of the vessel ; but, upon ail the evidence, I am of opinion thc libdllant'B war- ranty was broken, and the respondent was justified in refus- ing to load the vessel. The respondent's allegation that he was induced to sign the charter-party by the frandulent representations of the libellant is clearly not proved. Libel dismissed, with costs. ���The John A. Bebkman. (Diitriet Court, D. Massachusetts. January, 1881.) �1. Dock — Liabilitt of Ownbr or Occupant. �" The owner or occupant of a dock is llable in damages to a pereon who, by his invitation, express or implied, makes use of it, for an injury caused by any def ect or unsafe condition of the dock which the occupant negligently causes or penhits to iexist, if such person wa^ himself in the exercise of due care Buch occupant is not an insurer of the saf ety of liis dock, but hp, is rectuired to use reasonable care to keep his dock in such a state as to be reasonably saf e for use by ves- sels which he invites to enter it, or for which he holds it out as fit and ready. If he f ails to use auoh due care— if there is a def ect which is known to him, or which, by the use of ordinary care and diligence, should be known to hlm — he is guilty of negligence, and liable to the person who, using due care, is injured thereby." �Nickersony. Tirrell,l'2,TM.ass.W&. �2. SaME— LiABIIiITT OF VeSSBL. �Hddj under the circumstances of this case, that the master of a vessel was at f ault in attempting to enter a dock after the tide had f allen, when he knew that he was about to enter a dock where his ves- sel could not float at ail conditions of the tide. �3. Same— Llabilitt of Ownek. �Held, further, under the circumstances, that the owner of the dock was also in fault in not cautioning the vessel to stop bef ore she reached the point where shC: was injured by grounding.— [Ed. �J. C. Dodge & Sons, for libellants. H. N. Skepard, for respondents. �Nelson, D. J. This ia a cause of damage. The libellanta are the owners of the schoonei: John A. Berkman, and the ��� �