Lake v. Hurd
Supreme Court of Connecticut
Assumpsit for demurrage on a cargo of coal; appealed from tlie judgment of a justice of the peace to the Court of Common Pleas, and tried on the general issue closed to the court, before Breivster, J. Judgment for the plaintiff, and motion for a new trial by the defendants. The case is sufficiently stated in the opinion.
1Opinion of the CourtCarpenter, J.
This action is brought to recover demur-rage. The defence is that the detention of the vessel was not attributable to the defendants. Cases brought by owners or masters of vessels' against shippers for detention are divided into two classes; first, actions for demurrage, and second, actions for damages in the nature of demurrage. The first can only be sustained by proof of an express contract. The second may be brought on an implied contract. In the first, the terms of the contract fix and limit the defendant’s liability. His fault or negligence is not material, unless made so by the bill of…
2Cases cited2 opinions
- Cross v. . BeardNew York Court of Appeals · 1862
- Wordin v. BemisSupreme Court of Connecticut · 1864
3Cited by3 opinions
- Knoxville v. Knoxville Water Co.Tennessee Supreme Court · 1901
- Carroll v. HolwayDistrict Court, D. Maine · 1908
- Ross v. Cargo of 3,408 Tons of Pocahontas CoalDistrict Court, D. Maine · 1908