McAllister v. Southern Pac. Co.

Citations

• 111 F. 938
• 1901 U.S. Dist. LEXIS 107

Syllabus

<p>Shipping—Loss of Cargo—Negligent Unloading of Lighter.</p> <p>A lighter was loaded with 100 barrels of cement'in the hold and a large number of rolls of bagging, weighing 253 tons, piled upon the deck. It was the duty of respondent to transfer the load to a steamer; and when a portion of the bagging, had been unloaded, all of which was taken from the side next the steamer, the lighter listed to the other side, and a portion of the bagging was thrown overboard, and lost or damaged. The load was unusual in weight and height, but not to an extent to endanger it if properly handled. It was properly loaded, and the lighter had been brought with it a considerable distance in safety. Held, that the fact of its unusual height required that in unloading the removal should be distributed as evenly as possible over the whole load, which was also shown to be the usual way, and that the negligent manner of unloading was the cause of the vessel’s listing, and rendered respondent liable for the damage.</p>