Phillips v. The Sarah

Citations

• 38 F. 252
• 1889 U.S. Dist. LEXIS 51

Syllabus

<p>1. Carriers oe Goods — Failure to Deliver.</p> <p>A common carrier, failing to deliver goods intrusted to it, must show sufficient cause for such failure.</p> <p>3. Towage — Direct Route.</p> <p>A. tug contracting to convey a tow to its destination must do so in the most direct customary route, exercising care and skill in so doing.</p> <p>8. Same — Accident to Tow — Negligence oe Tug.</p> <p>A tug contracting to tow a barge from Gray’s Ferry to its destination at Cooper’s Creek, violated her obligation hy stopping at Point Breeze to deliver a cargo, thereby having to lay to for the night at Christian-Street wharf. The barge sprung a leak at the latter place, and capsized. Held that, the disaster having occurred while the tug was violating her duty, she must prove it was unavoidable, and did not result from her disregard of duty.</p>