Simmons Transp. Co. v. Alpha Portland Cement Co.

WARD, Circuit Judge.

These two cases were tried together. Gravenhorst & Co. purchased 2,000 barrels of cement from the Alpha Portland Cement Company, deliverable f. o. b. steamer to be named; the steamer Calíala was subsequently named, to berth at Sixty-Ninth street, Brooklyn.

The Simmons Transportation Company was the charterer of the boats Annie Carpenter and Mary Carpenter under the usual harbor charter of demise for the term of one year at $20 a day, and although they paid the master he remained the servant of the owner, the American Cement Company, and had nothing whatever to do with the…