Bursley v. The Marlborough
District Court, E.D. Pennsylvania
In Admiralty. Libel by Ira Bursley against the steam-ship Marlborough and her master, John ICiddle, for damages to cargo, caused by alleged unseaworthiness of ship and alleged improper conduct and negligence of master.
1Opinion of the CourtButler, J.
The libelant, Ira Bursley, and Galbraith, Pembrook & Co., owners of the Marlborough, entered into a charter-party, dated London, April 16, 1889, whereby they agreed that the Marlborough should go to Iloilo, and there load from the libelant’s freighters a full cargo of dry sugar, and therewith proceed to the Delaware break-water for orders; the cargo to be delivered at Boston, New York, or Philadelphia, as ordered, on payment of the specified freight. It was further agreed that “the act of God, perils of the sea, * * * and other accidents of navigation, * * * even where occasioned by the…
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