Kalion Chemical Co. v. The Iroquois

Citations

• 38 F. 151
• 1889 U.S. Dist. LEXIS 47

Syllabus

<p>Carriers — Delivery of Goons — Delay—Damace.</p> <p>Owing to a quarrel between the master of a canal-boat and stevedores employed on a ship, caused by the improper discharge of iron ore into the canal-boat from the ship, two days were lost in the discharge of the ore. By the loss of this time all the ore could not he forwarded on canal-boats before the canal closed, and this action was brought against the owner of the vessel hy the owner of the ore to recover the extra freight paid. Held, that the ship was liable for the misconduct of the stevedore's men, as its agents, in the improper discharge; and the libelant was also at fault through the delay of the boatman, its agent, in securing a proper adjustment, of the difficulty; that the libelant, therefore, should recover half its damage, each side looking for further indemnity to the respective agents employed.</p>