The Titania

Citations

• 131 F. 229
• 65 C.C.A. 215
• 1904 U.S. App. LEXIS 4284

Syllabus

<p>1. Shipping — Bill of Lading as Evidence of Keceipt.</p> <p>A bill of lading issued by tbe master of a ship is prima facie evidence of, and, in the absence of proof to the contrary, establishes, the receipt on board of the goods therein described.</p> <p>2. Same — Constructive Delivery.</p> <p>To establish a constructive delivery by a ship of goods deposited on the wharf, it is necessary for the carrier to show that he separated the goods from the general bulk of the cargo, designated them, and gave due notice to the consignees of the time and place of their deposit, and a reasonable time for their removal.</p> <p>3. Same — Contract.</p> <p>The question of the duty of the carrier to deliver goods carried is to be determined by the bill of lading, without regard to the charter party, of which the shipper had no notice till after the terms of his contract with the ship had been unalterably fixed.</p> <p>4. Same — Waiver.</p> <p>Any right of the carrier under the contract to compel consignees to take goods shipped “from alongside” is waived by the carrier unloading the goods onto the dock.</p> <p>¶2. See Shipping, vol. 44, Cent. Dig. § 426.</p>