The R. G. Winslow
District Court, D. Wisconsin
This was a libel filed by Daniel NewhaH' against the bark R. G. Winslow for the loss of seven hundred bushels of wheat while being discharged from a warehouse into the vessel. The loading commenced about twelve-o’clock on the morning of the third of October, 1S50, the wheat being weighed by the shipper, in the cupola of the warehouse, in one hundred bushel drafts, which were tallied by the first mate, there present.
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This was a libel filed by Daniel NewhaH' against the bark R. G. Winslow for the loss of seven hundred bushels of wheat while being discharged from a warehouse into the vessel. The loading commenced about twelve-o’clock on the morning of the third of October, 1S50, the wheat being weighed by the shipper, in the cupola of the warehouse, in one hundred bushel drafts, which were tallied by the first mate, there present. It was-then passed from the warehouse to the vessel through a pipe of heavy boiler wrought iron. The pipe was about sixteen feet long, and ten inches in diameter. The warehouseman…
1Opinion of the Court
MILLER, District Judge.
If the mate who had charge of the pipe had been vigilant in watching the discharge of wheat from the pipe, but a small quantity of one draft would have been lost, for by a word from him to the persons in the cupola, the flow of wheat could have been instantly shut off; and it was his duty to give the order.
I do not think it material to inquire how much the vessel careened, or whether the pipe broke or parted at the joint, or whether the careening of the vessel caused the parting of the pipe, or whether the parting of the pipe was at a place over the deck of the vessel…
2Cases cited2 opinions
- De Mott v. LarawayNew York Supreme Court · 1835
- Ball v. New Jersey Steamboat Co.New York Court of Common Pleas · 1865
3Cited by2 opinions
- The PoznanCourt of Appeals for the Second Circuit · 1925
- Scott v. Ira ChaffeeDistrict Court, E.D. Michigan · 1880