McCaldin v. Cargo of Scrap Iron

Citations

• 111 F. 411
• 1901 U.S. Dist. LEXIS 80

Syllabus

<p>1. Shipping—Demurrage—Extra Expense of Loading and Discharging.</p> <p>A steamer was chartered to carry a cargo of iron shot, “consisting of pieces averaging in weight about 100 pounds”; the cargo to be “received and delivered alongside of the vessel, where she can load and discharge always safely afloat, within reach of her tackles; and lighterage, if any, to be at the risk and expense of the cargo.” It was also provided that the cargo should be furnished as fast as she could load the same, and that in discharging it should be received as fast as she could deliver It. The cargo furnished consisted of miscellaneous scrap iron; the pieces varying from small shot to cannon balls weighing 250 to E00 pounds, and broken beams and gun carriages weighing up to 1,600 pounds. She was unable to lie safely at the wharf where she was required to load, because of insufficient depth of water, and a considerable delay occurred in obtaining lighters. Delay was also caused in both loading and discharging by reason of the variation in the character of the cargo from that specified in the-charter. Held, that her owners were entitled to demurrage at the charter rate for all delay so caused, 1</p> <p>2. Same.</p> <p>A steamer 310 feet long, and having three hatches, entitled under her charter to be furnished with cargo as fast as she can load the same, and where she can safely lie afloat, which is required to load at a wharf having a frontage of 40 feet, only a part of which has a depth of water sufficient to float her while loading, cannot be required to submit to the danger and inconvenience of breasting out at such wharf in order to load without the aid of lighters.</p>