Aylward v. Smith
U.S. Circuit Court for the District of Massachusetts
In admiralty. Demurrage.—Libel, by [James E. Aylward] the master of schooner Sandal-phon, [against Martin L. Smith,] alleging that, on the seventh day of December, 1872, the Hoboken Coal Company shipped on board his vessel, then lying at Hoboken, in New Jersey, a cargo of coal, to be delivered to the respondent at Cambridgeport, Mass., for a certain freight, and the libellant signed .a bill of lading therefor; that he proceeded on his voyage, and arrived at the wharf of the…
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In admiralty. Demurrage.—Libel, by [James E. Aylward] the master of schooner Sandal-phon, [against Martin L. Smith,] alleging that, on the seventh day of December, 1872, the Hoboken Coal Company shipped on board his vessel, then lying at Hoboken, in New Jersey, a cargo of coal, to be delivered to the respondent at Cambridgeport, Mass., for a certain freight, and the libellant signed .a bill of lading therefor; that he proceeded on his voyage, and arrived at the wharf of the respondent on the 20th of December, and was detained there, by the respondent’s neglect and fault, for twenty-seven days…
1Opinion of the Court
LOWELL, District Judge.
It does not appear to me that the unfortunate delay in discharging this schooner arose from any fault on either side. I cannot agree that the defendant is responsible for the position which the master took up for his vessel while waiting his turn to unload. There was no hidden danger at that place of which warning should be given to strangers; and no notice was given by the master of his purpose to put the vessel there; no questions were asked or answered about depth of water, draft, or any thing else. The schooner lay in a place to which a tug master, well acquainted…
2Cited by4 opinions
- Fish v. One Hundred & Fifty Tons of Brown StoneDistrict Court, S.D. New York · 1884
- Manson v. New York, N. H. & H. R. Co.U.S. Circuit Court for the District of Connecticut · 1887
- Gronstadt v. WitthoffDistrict Court, S.D. New York · 1883
- Manson v. New York, New Haven & Hartford RailroadDistrict Court, D. Connecticut · 1886