Empire Transp. Co. v. Philadelphia & R. Coal & Iron Co.
District Court, D. Minnesota
These were separate libels by the Empire Transportation Company and by the' Mitchell Steamship Company against the Philadelphia & Reading Coal & Iron Company to recover demurrage for delay in unloading vessels. June 30, 1894, defendant chartered the steamer Gilbert, whereof the Empire Transportation Company was owner, to carry a cargo of coal from Buffalo, N. X., to West Superior, Wis., there to be delivered to itself as consignee.
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These were separate libels by the Empire Transportation Company and by the' Mitchell Steamship Company against the Philadelphia & Reading Coal & Iron Company to recover demurrage for delay in unloading vessels. June 30, 1894, defendant chartered the steamer Gilbert, whereof the Empire Transportation Company was owner, to carry a cargo of coal from Buffalo, N. X., to West Superior, Wis., there to be delivered to itself as consignee. The bill of lading is as follows: “Shipped in good order and well conditioned, for account, and at the risk of whom it may concern, on board the W. H. Gilbert,…
1Opinion of the CourtNelson, District Judge
(after stating the tacts). When the bill of lading mentions nothing about demurrage, the acceptance of the cargo is evidence of an agreement by the consignees to pay demur-rage, as well as the freight; and when it specifies no particular time to be allowed the consignee for discharging the cargo, and no lay days are mentioned, the unloading must be done with reasonable diligence on the arrival of the vessel, according to the custom of the port, or damages can be recovered for detention of the vessel against the consignee. Liability for demurrage does not; exist in the absence of an express…
2Cases cited1 opinion
- Brown v. Certain Tons of CoalDistrict Court, W.D. Michigan · 1888