Shaver v. Gillespie
New York Court of Common Pleas
Appeal from district court. Action by Jacob Shaver against Fred R. Gillespie for damages in the nature of demurrage. Judgment for plaintiff. Defendant appeals.
1Opinion of the CourtPryor, J.
The facts of the delay in unloading plaintiff’s boat, and the amount of damages, if any be recoverable, are uncontested; but the issue in controversy is whether vis major or defendant’s negligence be accountable for that delay and those damages. It is settled law that, though the bill of lading be silent as to lay days and demurrage, still the freighter “is liable to the master of the vessel for damages for unreasonable delay in discharging the cargo after arrival.” Scholl v. Steel Co., 101 N. Y. 602, 5 N. E. Rep. 782; Van Etten v. Newton, (Com. Pl. N. Y.) 6 N. Y. Supp. 531, 7 N. Y. Supp.…
2Cases cited7 opinions
- Cross v. . BeardNew York Court of Appeals · 1862
- Fulton v. BlakeDistrict Court, N.D. Illinois · 1873
- Etten v. NewtonNew York Court of Common Pleas · 1890
- Scholl v. Albany & Rensselaer Iron & Steel Co.New York Court of Appeals · 1886
- Van Etten v. NewtonNew York Court of Common Pleas · 1889
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