Constable v. National Steamship Co.

Citations

• 154 U.S. 51
• 14 S. Ct. 1062
• 38 L. Ed. 903
• 1894 U.S. LEXIS 2218

Syllabus

<p>In the bill of lading of a quantity of cases and bales of goods delivered to the National Steamship Company at Liverpool, and addressed and consigned to C. in New York, it was provided as follows: “ Shipped in good order and well conditioned ... in and upon the steamship called the Egypt . . . bound for New York . . . forty-three cases merchandise . . . being marked and numbered as in the margin, • and to be delivered subject to the following exceptions and conditions: . . . The National Steamship Company or its agents or any of its servants are not to be liable for any damage to any goods which is capable of being covered by insurance . . . nor for any claims for loss . . . where the loss occurs while the goods are not actually in the possession of the company. . . . The goods to be taken alongside by the consignee immediately the vessel is ready to discharge, or otherwise they will be landed by the master and deposited at the expense of the consignee, and at his risk of fire, loss, or injury in the warehouse provided for .that purpose, or in the public store, as the collector of the port of New York shall direct. . . . The United States Treasury having given permission for goods to remain forty-eight houra on wharf at New York, any goods so left by consignee will be at his or their risk of Are, loss, or injury.” The Egypt arrived January 31,1883, was entered at the custom-house at 1.45 p.m. of that day, and, there being no room for her at the pier of the National Company, where the vessels of that company were usually unladen, was taken-to the pier of the Inman Company. A collector’s permit was given to unload the steamer and to allow the unpermitted cargo to remain on the wharf for forty-eight hours, upon an agreement by the steamship company, which was given, that the goods should be at the sole risk of that company, who would pay to the’ consignee or owner the value of such cargo respectively as might be stolen, burned/ or otherwise lost. Notice of the time