Ionia Transportation Co. v. 2,098 Tons of Coal
District Court, E.D. Wisconsin
In Admiralty. Suit for demurrage. Libel ior demurrage, alleging unreasonable delay In discharging a cargo of coal, under charter for delivery at “Clancy’s dock,” port of Racine, with no terms stated as to discharge. The rate was 00 cents per ton, being 10 cents in excess of the current rate to Milwaukee, Sheboygan, and Manitowoc; and the master states, as the ground for such excess, the insufficiency of channel at Racine for the general class of coal carriers.
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In Admiralty. Suit for demurrage. Libel ior demurrage, alleging unreasonable delay In discharging a cargo of coal, under charter for delivery at “Clancy’s dock,” port of Racine, with no terms stated as to discharge. The rate was 00 cents per ton, being 10 cents in excess of the current rate to Milwaukee, Sheboygan, and Manitowoc; and the master states, as the ground for such excess, the insufficiency of channel at Racine for the general class of coal carriers. The facts which are material upon the primary issue of liability are undisputed, namely: The steamer Ionia received the cargo at…
1Opinion of the CourtSeaman, District Judge
(after stating the facts as above). The doctrine, is well settled that the right to demurrage for failure of a shipper to promptly deliver the cargo, or of a consignee to promptly discharge it on arrival, rests upon the charter or affreightment contract, either in express or implied terms.. Time is an element of special importance in such contracts, and it is well remarked that “a vessel should ordinarily have prompt dispatch, for such is essential to her profitable employment” (Corrigan v. Iroquois Furnace Co., 100 Fed. 870, 41 C. C. A. 102), so that stringent terms for lay days are not…
2Cases cited2 opinions
- Empire Transp. Co. v. Philadelphia & R. Coal & Iron Co.Court of Appeals for the Eighth Circuit · 1896
- Corrigan v. Iroquois Furnace Co.Court of Appeals for the Seventh Circuit · 1900