Page:Federal Reporter, 1st Series, Volume 7.djvu/86

 § 329,v TMsi then, was the generajl duty pf the defendant; that is, to con)^ey,,tliis flour tp Lq^dop, and. there deliver it to the consign^p^rW^thin, a reasppable tim§. i.Spiaething bas been said in the argument?: oftcounsel asto the alleged fail- ure of the defendant ^to.ha've.st^eain-shipaat its command to receive this flour on its arrivai in Portland. This was a through contract. . It yi^s theirefore as much the duty of the defendant to furpish a v^ssel o^ vessels for the, pcean tjrans-; portation of this flour; as it -was itsi .duty to fujrnish cars to, transport it frpm Lil^ingtpft to Portland. It was not, how^ ever, ,nece8sai;ily, its duty to haye scessels in waiting at the vpry moment, of on the very day, the flour should arrive in Portland ; but it wSiS itsi duty tp provide means of :conveyance by whiqh reasonable die^patch should be affpsded, ^na. im- proper delayiayoided-, The law,in.such case,.exacts nothipg unreasonable,: but it^doea require diligence and reasonable pi:pmptness, undej .the .circupstapces, in furnishing means of couv^yance. ,The, Jfact that, if th§ defendant did not, ship the flour PP the Argosy, it,had:ithe right,;to. ship it pn any other yessel of egualcla^s for njarine insurance, did not in any naanner relieyethe defendant of its duty in the matter. of forwarding t|ie fl,pur withpropqr dispatqh,. If it pelected a,ny other vessel than, tlxe ,44'gpsy jt. was, aSiW^jeh boun^ to transport the flour withiu a, reaspnablp time as if the ship- ment was made in that particujar Tessel. It may be well to state ,to you further, as, a general proposition of law with reference to the. obligation; pf a. common carrier, to prqvide sufficient.meaiis pf convpyanc^, |):}at'it,iis "the first duty of thp carrip to provide hiijis^.with; all the facilities and ap- pliances, fpr ;the . transpprta^ion, lof such. goods, as he;holds himself putj^srrpady.tp.ieiigage in the cairiage of. He must, put himself in- a. situation, tp.be.at^eastable to, transport an amount. <pf freigl^tiof,,t.|5iekjpd. whichjl^e iproppses tp carry «pal tp that which may.beorcliiiarilj.exppctpd to seek jaranar portation, uppn hjs jrpute,", and h,e will not "beexcusedfor n,ot foein.g prpvidp(i ,with, a, sufiSjoiency, pf C9aji,yg.7anpes and pther mea AS f p? ; thp , jp^a^popt^tipp of ,that ,which he may reasoipa,- bly expect tp ,1)6 pffered," Ilui ,if -itlipre. was delay in; trans- ��� �