Philadelphia & Reading Ry. Co. v. Peale, Peacock & Kerr, Inc.

J. B. McPHERSON, District Judge.

The respondents, who are coal dealers in the city of Philadelphia, made a contract with the libel-ant in January, 1903, by which the libelant undertook to carry a load of the respondents’ coal in one of its seagoing barges from Philadelphia to Brookline, Mass., and the respondents agreed to pay the market rate of freight for this service. Accordingly the barge Kohinoor took on board 1,900 tons of coal, and began the voyage on January 18th, in tow of the steamship Harrisburg, a vessel also belonging to the libelant. The bill of lading agreed to deliver the coal…