The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-02-03
Important Decision I'm Admiralty.
UNITED STATES DISTRICT COURT.
Before aoo. Judge Inyarscll.

-.
Thomas Aiisn the owner OF the British bark Masyc for
tins recovery of the ysus OF quantity Of n, iron s,,
ped a. Bfsst, Ireland, BY kslstop, Goods win Co on
board the Majestic 70 carried to tbs port Of New Yors
and there 1T said port the dangers OF the sssl ouly n
cepted, TO be delivered 10 the hoesns thsir assigns
Abont fifty tons of the iron OF lbs hundred and TWEEN
ty tens shipped, lost ut the port OF New York
willie the AsjesiJ dischsrsing her Cargo by the
bIssktDe and siasitg OF pile Sharf bross, upon
which the iron placed ween being aud-d from the
bark and the claim y the bs.ats that 1t so Lost
teore 1t delivered 10 chem BY tae carrier according
To terms OF the bill Of isdng aIsouted at the tine
iron was shipped a. Bsst IN. bllo Aoins ~hioh bear,
date the 20 day of April 1859 and signed bv the
mas Of he Msestic at Belfast Acknowledge, that Raj
ston, Goodw O. had shippsa in good ordsr board
tons OF Dir iron to b. delivered 10 the xs good order
NJ the OF New YORK; the daogsrs Of the only
cspt.d unto tns Hoensnts thsr assigns he they
pawn AZ this rsts stated 10 the bill of lAding TIE
bull OF lsdipg in the ordinary FORM with the addition
the loving clause, inssrse 10 the mArsa thereof
after vessels rival st New York pay demurrass Of
32t q day after tina. time Tue above clauss
FIVE working days from the time the vessel Is ready to
discharge fhe hbeAnts Claim that BY virtue OF this
additional clause in the maj n Of tho bill OF lading,
they have nois rights in reference to tbs unladiny
the iron than thew otherwise would have had that
this additional clause they had Ave working dA
from tbs time the vessel ready to discharge TO
unload the iron thsmss .ves; that they had right,
by the stipulation cont.ined In this additional olaass
IT any time within such ave working days. to desiv
nate and select ths wharf ~ which the iron shoald
dxyB the iron was lost that the wharf 1t which the
cargo Of the Majestic discharged selected BY the
captain OF the bark without their that
they requested he captain 70 discharge At another wha
Which, though 1t oscupisd 1T the time, would hsvs
esen vacant before tas expiration OF such i've working
days. and that therefore, discharge OF the a. Any
wharf elcc ed by the captain without their
within such hive working days. although the captain msy
have given them nocs Of such discharge could In Law
be Deemed delivery Of the iron them, according to
the terms Of the contract expressed in the bill OF
adg Toe necessities OF the CO Q IS view It, upon the
q u d not mi IA
expression OF IN opinion upon this claim mtde BY
the hoeu.ts The consideration OF IL therefore, VIII
30 waved and the case be considered 1t would be
we're not tnis additional cause appended to the bill
OF lsdng; and. in conformity with the claim tho
respondent that will bs viewed the contract OF tbs
parties, which - imported by = bill Of ladng 10 tho
ordinary form, governed by the legal ralss in
us construction az would govern the osttu upon
whch Inc hpe founded were not ths additional clause
append to it, In or5er to correct result 1t
is necessary to ASCERTAIN what the facts ia the ae
what ths law IL en- the of the liabilities OF c,m
mon carriers OF goods Tor hire; when they begin how
long they continue, md when they cease, when thu
Ter dischsrges himself OF tbs tod, Of the goods
in his Character OF carrier and then apply suoa
law 10 such facts In the Tao jsrtc saving on
TIE a6h of April 1852 received at Belfast the two nun
cred and twenty tons OF pig iron for the purpo AIMED
IN the bin OF lAdng thereafter Aed tor her port OF
destination She arrived in the harbo of New York
Sunday the goth day o. Juue, Of the year. Tns
vessel was consigned TO Edrnston Bfothsr the
OF the ship The iron COM TO the iosants Ga
Monday the 2ist OF June tbs cspsin OF the
p,rt-d hptef TO the hbeianss, aud inquired OF tnsm
where he WAS 30 cisohar.s The lioel.uts sent tIsr
clerk to fnd vacant berth No berth vacant il the
North liver copi % found below pier No 80. The bel
Janis requested that she might d charge somewhere
betasen Washington Market Ans the Battery and named
prs Nos aod g. but neither of these piers were tnen
vacsnt The captain Tuesday the 22i Of Jane hauled
the vesst into rier No So winch between sh
irston Market and the Battery o. the 22i ofJ M En-
mtoD Brothers wrote TO the iibsiAnts iuforn,ug them
that ths Majestic berthed ~ pier No 80 No tn river
and prepared to discharge cargo AMI requested
tn farnfh them (E1mston Brothers) with permit for
tbs IRON that the vessel might ding 1t a.
early ss possible Tne Custom House permit was far
pisted By the oeaots and scot to Eimiston B jthsrs
on Wednesday, the 23d OF june and rnnrscnJ, the
2ith the captain began to discharge tbs cargo Psr No
80 about 500 feet long Tns outer end OF w. for aonut
rty feet i'd cne remainder whst Ia called
bridge pier, built piles Tae vessel continued dis
charge The iron on the pile part OF the pier until oout
eu'sDant Of police Of the Filth ward in which ward pier
80 wa observing seatsr quantity OF iron tho pier
than he thought SAFE spoke to the assistant cook
to stop dischargng The assislart dock master imme
diat~ly board, and ordered those board
CEASED On tee eseuoon o, ii. SANE Day The doos
master noticed that they again disohArging, aA
then on It, was not safe those on board to
off and to dscharsiug Upon this being gvsu
those on board again stopped On the morning OF SAtu
day the Goth, they again went to eschArspg the iron
and contiNaed till about IL o'clock when from the
weight Of ~ iron on the pier the pier broke doxa and
the iron upon it Was preciptAted into this water and
fifty tons it totally lost At the tim the
pier broke down there was about hundred and
MY s q h' so. S. And such
Friday, the 25th day Of june. in the forenoon written
notice vas sent to the office Of the libellans BY Ed
mission Brothers, Motif, Ing them that ths sr upon
which portion OF tine iron hai been then
supposed to be In Danger and requesting them to
remove It, After this notics although Of tbs iron
removed from the pier, additional quantity was
discharged fom the vessel and acsd the pier, until
one hen red and fifty tons had there been placed when
the pier fell At the time the order given Friday,
to stop dschsrssg there seventy eighty tons
iron on The pier Pier 80 well built pier bat the
quantity placed upon It, and tbs msnn.r in whicn
" a. IA tod fo0n in
spot caused the disaster by Whsh portion OF the
iron lost Thsre Is contradictory evidences In
regard portion u ths facts above but the
peponderence OF testimony ia such that there no
reasonable doubt Ia regard To sny Of them Thess facts
being found the rext question IT, What the law the
subject u the h>billties ana responsibilities Of
carriers OF geoos for hie 10 OF this kud when
they begin, bow long they continue, and when
| they cease; when the carrier discharges him.
| sci Of the custody OF the goods In his charsc
ter OF common carrier These liabilities and re-
sfop,b.lities commence when the goods ara placed
on board the cArr,ipg vessaA they continns du ,ipy
The yoysge and until the goods safely delivered
the torsgIse At the pert OF discharge placed
suoh tuaton at fuch port OF diichargs either by
Law by general equivalent to delivery to
the ccLssnse, Ard until they either deliver cd to the
consgnee, or are placed In lueh suA At the port
doi srge IS is either b. law or general usage equiva
lent TO such peraonsI delivery, the carrier IL not dis
chsrgsd OF the custody and safety OF the goeds but
sponfiole for the same. II IL claimed BY the beauts
that the iron, Though safely carried the port OF dis
charge vas not ~ such port either safely delivered
them safely placed Ia such . situation H. either
by Law or general usage, equivalent to such personal
delivery The Law and seasral usage in this osuntry
In regard to foreign voyages, or goods brought from
. foreign country seems to BE- well settled, and
appears to be this that under bill OF fading in
tie ordEary form, the carrier Is not bound TO make
person delivery Of the goods to the consgnes; but
IL will be sun hent II he lsuds them n . proper
ut the usual wharf proper placs OF landing and
gives due and reasonable notes thereof To the oonsgnse
Such Andirg With such notice, is equivalent t, per.
sops dslivAry to the consisnse (Angsll and Amss
carriers sec Slo Such Andipg place In order TO make
II aqui vAIent to personal delivery, must bs proper
place for landing and the landing must be made In
proper manner. No unsafe landing plA - can be
ore spops place and upeas mode or wAy OF land
ing be sidered proper mods way OF lardng
the goods. II has been sometimes claimed, when the
question Of the liability Of carriers has been prs-
ed ssfore souris that where c,nsgpes il o, tbs
OF the goods, but Is third person, the ruls ia
little different AID that In such the carrier
when thee h personal Delivery, In orSer to AXE
his re- pom ibility cease, must no. spiJ land the
goods IN proper place, and give due and reason
abe notice thereof to this consgnse, but that he
must siso after the, goods ubI.dsn secure them
BY housing or otherwise II cons guse appears or