Legal Opinion

The M. S. Bacon v. Erie & Western Transportation Co.

U.S. Circuit Court for the District of Western Pennsylvania

Decided July 1, 1880PublishedCited by 5 opinions

In Admiralty. Appeal from the decree of the district court.

1Opinion of the Court

McKennan, O. J.

An express stipulation for demurrage, in a contract of affreightment, is not necessary to entitle the owner of a vessel to compensation for her unnecessary or improper detention in loading or unloading. Reasonable promptitude in delivering a cargo at its point of shipment, and in receiving it at its destination, is a duty implied in such contracts, and for a violation of it damages in the nature of demurrage are recoverable. This is too well settled, both in England and in this country, to need discussion or authority.

Whether the consignee of a cargo, who is not its owner, is…

2Cases cited1 opinion

  1. Cross v. . BeardNew York Court of Appeals · 1862

3Cited by5 opinions

  1. Empire Transp. Co. v. Philadelphia & R. Coal & Iron Co.Court of Appeals for the Eighth Circuit · 1896
  2. Trans-Asiatic Oil Ltd., S.A. v. Apex Oil CompanyCourt of Appeals for the First Circuit · 1986
  3. Middle Atlantic Conference v. United StatesDistrict Court, District of Columbia · 1972
  4. Acme Transit Co. v. 133,000 Bushels of WheatDistrict Court, W.D. New York · 1917
  5. In re 2,098 Tons of CoalCourt of Appeals for the Seventh Circuit · 1905

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