Ross v. Cargo of 3,408 Tons of Pocahontas Coal

Citations

• 165 F. 722
• 1908 U.S. Dist. LEXIS 179

Syllabus

<p>1. Shipping (§ 171*) — Demurrage—Construction of Bill of Lading.</p> <p>The provision of the new' bill of lading that, after arrival and notice to the consignee and the expiration of 24 hours, the vessel shall have precedence in discharging over all véssels arriving or giving notice after her arrival, requires such vessel to be given her turn subject to whatever customs or necessities exist at the port of discharge and which may fairly be presumed to have been within the contemplation of the parties.</p> <p>[Ed. Note. — For other cases, see Shipping, Cent. Dig. § 568: Dec. Dig. § 171.*]</p> <p>2. Shipping (§ 171*) — Demurrage—Delay in Discharging — Right of Precedence.</p> <p>Schooners which arrived at the port of Portland, Me., for discharge of coal cargoes under bills of lading providing that they should have precedence in discharging over all vessels arriving or giving notice after their arrival, and that for any violation of such provision they should be compensated in demurrage as if, while delayed by such violation, their discharge had proceeded at the rate of 300 tons per day each, must be held to have contracted with reference to the facilities for coal discharging at that port, and, among them, the facilities at the wharves of the railroad company to whose wharves they were assigned, and are not entitled to claim a violation of contract because steamers of regular transatlantic lines arriving after them were, in accordance with contracts and long custom, given precedence in discharging at the company’s wharves which were not used as discharging places for coal but for general cargoes. They were, however, entitled to precedence, over after-arriving vessels carrying coal cargoes, to discharge at any wharf of the company used for discharging coal, so long as they were not assigned to any particular berth, and, after such assignment, to precedence over any after-arriving vessel at such berth.</p> <p>[Ed. Note. — For other cases, see Shipping, Cent. Dig. § 56