The Edwin v. Naumkeag Steam Cotton Co.

CLIFFORD, Circuit Justice.

It is insisted by the libellant that the liability of the vessel is commensurate with that of the owners, and that the extent of it in regard to both must be ascertained and measured by the terms of the contract made by the master. On the part of the respondent, it is insisted, that the ship is not bound to the merchandise, or the merchandise to the ship, until it is actually placed on board, and that the liability, both of the ship and the owners, notwith•standing the terms of the contract, must be narrowed to the service actually performed by the vessel. It must be…