Page:Federal Reporter, 1st Series, Volume 7.djvu/85

 HELLIWBLL ». GBAND TBUNK 'ai. OP CANADA. 73 �soilable time, and that in consequence, and because of a decline in the priee of fldur between the time when it is alleged it should have beeri delivered in London' and the tiine when it was actually deliVei-ed,- the plaintiffs have been sub- jected to a loss -which the defendant sHould make good 'to them. ' �It is claimed hy the defendant that ihe fleur 'c^'as tranS- ported and delivered within a' Veasonable time under the cir- ^iimstances 'exieting-at the tiirie. It is adiuitted tHat theie was* delay in forwarditig the'floui from Portland, but it'is insisted that'^lhe defendatit' vrae, -when it made its contraot' with the plaiiitiffs, well sujiplied \^ith the liecessaT;^ eqtiiii- ments, fateilitieej'and meanB for traiugportitig all thoiMight which could'^'Bfe ordinarily exjiected tb seek trans|)drtatiou upoii its route, and that the delay oecurring at Portland waS occasioned by a sudden alid extraordinary influi oi ocean freight, wHich waEi beyond the defendant 's coiitrol, and'^'hich it could not foresee and anticipate, nar by the exerciae bf any diligence provfde for; and that it bught riot io be held re- sponsible for circumstances, which, asit is cJaimed, eiciise the alleged delay in forwarding the flour. The obligations assumed by the defendant in this transaction *ere the usual obliga- tions of a cbmmon carrier, amoug Vhich was that of trans- porting this flour to the place of consignment with proper dispatcli; that is, within a reasonable time after itwas delivered to the defendant for sbipment. This it was incumbent on the defendant to do under this coritract; and, as to what is meant by reasonable time, perhaps no rule can be mbte satisfacto- rily laid down than that the transpbrtation mukt be accom- plished by the carrier "with all cbnvenient dispatch' with such suitable and sufficierit meaisaS he i^ requited to provide for his btisiness." Hutchinsort oh' Ca!rriers, § 328. �The (^[uestiotiiof reasonable tiihe is bne bf fact, and ma^be determiued by the length of the jourhey, the modes of con- veyance, the 'Season of ' the year, the state of the weather, "aud any other circumstances whichmay properly'bo' taken int* eonsideralioii by the jury in fiiidiirg tfrIIether the cairier has been guilty of improper Ueieij. " Hutchiiison on Carriers,' ��� �