Williscroft v. Cargo of Cyrenian

Citations

• 123 F. 169
• 1903 U.S. Dist. LEXIS 218

Syllabus

<p>1. Shipping—Chaster—Demurrage.</p> <p>In the absence of a charter provision on the subject, to establish the liability of a charterer for demurrage on account of delay in loading or discharging, the owner has the burden of proving either that the vessel was not loaded or discharged in accordance with the custom of the port, or that there was unnecessary and unreasonable delay through the fault or negligence of the charterer.</p> <p>2. Same—Delay in Loading—Awaiting Turn.</p> <p>A charterer is not liable for demurrage because seven days elapsed between the time the vessel was ready to load with lumber and the completion of her loading, the usual time for loading being from three to four days, where the delay was due to the fact that she was required „ to wait her turn in accordance with the custom of the port and the scarcity of labor, all the available men at the port being engaged in loading the vessels ahead of her.</p> <p>8. Same—Delay in Discharging—Insufficient Dockage.</p> <p>A vessel under charter has the right to expect the charterer to provide sufficient dock room to enable her cargo to be discharged promptly and continuously, in the absence of any extraordinary conditions, and the charterer is liable for- demurrage where there is delay through his neglect to provide such dockage.</p> <p>¶ 1. Demurrage, see notes to Randall v. Sprague, 21 C. C. A. 337; Hagerman v. Norton, 46 C. C. A. 4.</p>