McArthur Bros. v. 622,714 Feet of Lumber

Citations

• 131 F. 389
• 1904 U.S. Dist. LEXIS 208

Syllabus

<p>1. Admiralty — Demurrage—Delay in Lading — Fault.</p> <p>Libelants of a cargo were not entitled to recover demurrage for delay in loading where the proof showed that whatever delay arose was owing to the failure of the steamer and tow to arrive as scheduled, by reason of which other vessels arrived, and were loaded in turn at the dock, in accordance with the customs of the port.</p> <p>2. Same — Discharge—Reasonable Dispatch — Delay.</p> <p>Where, by the exercise of customary diligence and promptitude, a steamer and tow could have been unloaded 2% days earlier than the discharge was effected, the consignee was liable for the delay.</p> <p>¶ 1. See Shipping, vol. 44, Cent. Dig. §§ 572, 587.</p> <p>Demurrage, see notes to Harrison v. Smith, 14 C. C. A. 657; Randall v. Sprague, 21 C. C. A. 337; Hagerman v. Norton, 40 C. C. A. 4.</p>