New York & N. E. R. v. Church
Court of Appeals for the First Circuit
Appeal from the District Court of the United States for the District of Massachusetts.- In Admiralty. Libel by Joseph H. Church, and other's against the New York & Yew England Railroad Company to recover de-murrage claimed to be due under a bill of lading. There was a decree for* libelant in the district court. Respondent appeals.
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Appeal from the District Court of the United States for the District of Massachusetts.- In Admiralty. Libel by Joseph H. Church, and other's against the New York & Yew England Railroad Company to recover de-murrage claimed to be due under a bill of lading. There was a decree for* libelant in the district court. Respondent appeals. The bill of lading was taken by the Pennsylvania Bailroad Company, and covered a cargo of coal shipped on board the schooner Glen wood from Philadelphia io the respondent railroad company, at Boston. Across its face were stamped the words, “Subject to conditions…
1Opinion of the Court
ALDRICH, District Judge.
The first question is whether the schooner Gienwood, in discharging her cargo, was entitled to precedence over all vessels subsequently arriving, or whether, by the terms of the contract or bill of lading of the National Association, regulating the order in which vessels should be relieved of their cargo, precedence was only given over steam vessels subsequently arriving and giving notice.
It is apparent from the record that the district court found as a fact lhat the Pennsylvania, Railroad was the agent of the Yew York & Yew England; that, in taking the bill of lading…
2Cited by6 opinions
- Hanlon Drydock & Shipbuilding Co. v. G. W. McNear, Inc.California Court of Appeal · 1924
- Randall v. SpragueCourt of Appeals for the First Circuit · 1896
- Bailey v. Manufacturers' Lumber Co.District Court, S.D. New York · 1915
- The ColombiaDistrict Court, S.D. Alabama · 1912
- Intercontinental Transportation Co. v. India Supply MissionDistrict Court, S.D. New York · 1966
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