Southerland-Innes Co. v. Thynas

PARDEE, Circuit Judge.

The pitch-pine charter party which is the basis of this action provides, among other things, as follows:

“Cargo to be delivered alongside at merchant’s risk and expense and to bo received by the master and secured by the ship’s dogs and chains when so delivered, and to be then at ship's risk.”

This action is to recover for some 252 pieces of timber which were so delivered, received alongside the ship, but which on the night of January 23, 1903, were lost, through a violent storm of wind and rain in the port of Pensacola, notwithstanding the utmost care, diligence, and…