Morgan v. Dibble

Citations

• 29 Tex. 107

Syllabus

<p>By the contract of affreightment of goods from port to port, the carrier stipulates not only for their safe transportation to the place of destination, but also for their delivery on arrival to the consignee. It is not enough if he carry the goods in safety, but he must, in due time, and without demand upon him, deliver them, or do that which in contemplation of law is tantamount thereto, before he is discharged from his responsibility as carrier.</p> <p>Since one engaged in carrying goods by water from one port to another is not oi'dinarily supposed to have the means of transporting them inland, unless the contrary appear from the contract, or from established usage, the customary wharf for discharge of the vessel must be regarded as the place of delivery.</p> <p>It is not to be' supposed, however, unless it be clearly shown by special agreement or well-known usage, that the mere landing of goods upon the wharf is such a delivery as will discharge the carrier.</p> <p>But, though the contract does not require the owners of the vessel to deliver goods at any other place in the port than the usual place of discharge, it is not to be considered that they have the right to land the goods at those places, and release themselves by doing so from all further care and responsibility, without giving notice to the person who is to receive them.</p> <p>Persons to whom goods are sent may be absent from the port when the ship reaches it; they may be disabled by sickness from attending to their business ; they may not be informed of the arrival of 'the vessel. Under such circumstances, or many others similar that may be supposed, it would be extraordinary, indeed, if the carrier were authorized to throw the goods on shore, where they could not fail to be exposed to injury from the weather, and could not fail to be stolen. Contracts impose on parties not merely the obligations expressed in them, but every thing which, by law, equity, and custom, is considered as incidental to t