Guffey v. Alaska & P. S. S. Co.

Citations

• 130 F. 271
• 64 C.C.A. 517
• 1904 U.S. App. LEXIS 4153

Syllabus

<p>1. Shipping — Maritime Lien.</p> <p>Where, at the time complainant delivered goods on the wharf of a transportation company under a bill of lading reciting that the goods were to be shipped on board defendant company’s vessel or vessels “now” lying at the port of S„ complainant had knowledge that defendant’s chartered vessel, the R. D., by which it was expected to ship the goods, was then either on the high seas or in a distant port, and the goods were never delivered to the master or officers of such vessel, the vessel was not subject to a maritime lien for defendant’s breach of the contract of affreightment.</p> <p>2. Same — Statutes—Construction.</p> <p>Ballinger’s Ann. Codes & St. § 5953, providing that all steamers, vessels, etc., are liable for the nonperformance or malperformance of any contract for the transportation of passengers or property between places within the state, or to or from places within the state, made by their respective owners, masters, agents, or consignees, does not create a lien on a vessel for breach of a contract of affreightment made by her charterer.</p> <p>3. Same — Appeal—Costs—Objection to Trial.</p> <p>In the absence of a showing in the record that an objection to the allowance of certain costs was brought to the attention of the trial court by appeal from the clerk’s taxation or otherwise, such objection will not be reviewed.</p> <p>2. Maritime liens created by state laws, see note to The Electron, 21 O. C. A. 21.</p>