Legal Opinion

Bartlett v. A Cargo of Lumber

District Court, E.D. New York

Decided March 28, 1890PublishedCited by 6 opinions

In Admiralty. Action by the master of the brig George E. Dale against a cargo lately on board that vessel, to recover demurrage. The bill of lading under which the lumber was transported contained no provision as to time of discharge, or for “dispatch.”

1Opinion of the CourtBenedict, J.

This is an action for demurrage. The detention complained of was delay in unloading the schooner George E. Dale. The cargo was lumber. The consignee’s place of discharge was a pier where there was a space of some 250 feet. When the George E. Dale arrived at this place of discharge, she found the schooner Emerson there before her. The Eltie was then discharging at the pier. After the Eltie was discharged the Emerson was given the berth, and then the Dale was given the berth and discharged. The position of the libelant is that there was room for two vessels to lie at the pier and be discharged…

2Cited by6 opinions

  1. Empire Transp. Co. v. Philadelphia & R. Coal & Iron Co.Court of Appeals for the Eighth Circuit · 1896
  2. Harty v. Cromwell S. S. Co.Court of Appeals for the Fifth Circuit · 1896
  3. The Kongosan MaruCourt of Appeals for the Ninth Circuit · 1923
  4. Crowley v. HurdDistrict Court, D. Massachusetts · 1906
  5. Gilbert Transp. Co. v. BordenCourt of Appeals for the First Circuit · 1909

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