Symons v. 10,466 Barrels of Cement

Citations

• 195 F. 1017
• 1912 U.S. Dist. LEXIS 1706

Syllabus

<p>1. Shipping (§ 106*)—Bill of Lading—Effect—Freight—Weight of Cargo.</p> <p>The estimated weight of a cargo stated in hills of lading prepared by the shipper and signed by the master constitutes an agreement binding on the parties for the purpose of computing freight, unless impeached by proof of a difference in the actual weight.</p> <p>[Ed. Note.—For other cases, see Shipping, Cent. Dig. §§ 225, 226, 414r-419; Dee. Dig. § 106.*]</p> <p>2. Shipping (§ 154*)—Ship’s Lien—Expense of Preserving Cargo.</p> <p>A ship is responsible for the preservation of the cargo from the time of receiving it until it is delivered, and the captain has authority to incur any expense necessary to the fulfillment of -that obligation, and the ship is entitled to a lien therefor.</p> <p>[Ed. Note.—For other cases, see Shipping, Cent. Dig. §§ 226, 516-520; Dec. Dig. % 154.*]</p> <p>. Shipping (§ 177*)—Charter—Demurrage.</p> <p>A ship held entitled to demurrage from a charterer for delay In discharging caused by lack of space on the wharf for cargo as fast as she was ready to deliver it, and for her being displaced to make room for another vessel.</p> <p>[Ed. Note.—For other cases, see Shipping, Cent. Dig. §§ 576-582, 584; Dec. Dig. § 177.*</p> <p>Demurrage, see note to Harrison v. Smith, 14 C. C. A. 657; Randall v. Sprague, 21 C. C. A. 337; Hagerman v. Norton, 46 C. C. A. 4.]</p>