Dick Chiarello & Bros. v. Central R. Co. of New Jersey
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. Suit in admiralty by Dick Chiarello & Bros., Incorporated, against the Central Railroad Company of New Jersey and the Philadelphia & Reading Railway Company. Decree for respondents, and libelant appeals. Respondent railways maintain a joint wharf in the Arthur Kill, where they receive for creosoting purposes ties brought to them by water.
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Appeal from the District Court of the United States for the Southern District of New York. Suit in admiralty by Dick Chiarello & Bros., Incorporated, against the Central Railroad Company of New Jersey and the Philadelphia & Reading Railway Company. Decree for respondents, and libelant appeals. Respondent railways maintain a joint wharf in the Arthur Kill, where they receive for creosoting purposes ties brought to them by water. Their joint agent bought ties throughout the Southeastern United States, the terms of purchase being in every case f. o. b. the wharf aforesaid. Vendors of some ties…
1Opinion of the CourtHough, Circuit Judge
(after stating the facts as above). The avowed object of this litigation is not so much to effect a money recovery for this particular libelant as to obtain a decision laying down some general rule covering “lighter delivery” in this harbor, and securing to lighter owners generally compensation when their vessels are *299not relieved of cargo as rapidly as the various rules of the Maritime and. (probably) Produce Exchanges appear to contemplate.
The attempt must fail, if for no other reason than that there is and always must be immense diversity in the contractual arrangements of many men, one…
2Cases cited3 opinions
- Riley v. A Cargo of Iron PipesDistrict Court, S.D. New York · 1889
- Ben Franklin Transp. Co. v. Federal Sugar Refining Co.Court of Appeals for the Second Circuit · 1917
- Milburn v. Federal Sugar Refining Co. of YonkersCourt of Appeals for the Second Circuit · 1908
3Cited by2 opinions
- HARUTUNIANBoard of Immigration Appeals · 1974
- Wilson v. ElwinWashington Supreme Court · 1959