Richmond daily Whig. [volume] (Richmond, Va.) 1842-1861, 1854-03-14

IMPORTANT DEcsIoS.-The Mayor on yesterday rem
dered decision in pending for some days between
the owners Of the line of steamers between Philadelphia
and this city, and Lewis Webb & Company, in which
case the latter were the defendants
The company brought suit against Mr.. Webb & Com
pany for freight Of goods brought from PHILADELPHIA in
their vessel aud consigned the defendants The latter
oppose by way of Offset that claim damage done to
portion OF the freight by being placed upon the wharf at
time and under circumstances which made it ucon
Tor the consgnees to have them removed before the
eshe which occurred ia the latter par: Of last month
had come upon them.
The amount in dispute something about SlT while
the damage to the goods fixed an amount somewhat
above that This however is OF little consequence in view
OF the principle involved and tho extent to which il will
be held to apply when series Of analogous cases now
pending between merchants in the city aud other compa
MES come to be adjudicated upon.
The Mayor after stating that the grounds upon
which Mr. Webb maintained the legal tenabiy of thi.
Offset was the improper delivery of the freight
to state his construction Of the word delivery" as il an
Piled in this Instance, and the obligations which il i'm
piled.
lie said i, commended on the part of the plaintiffs
that when the vessels arrived ut Rockets all that
cessary for them to do deliver tho cargo on the
wharf and leave it there. That constituted delivery
u '"e Pah's Regarded H. But he understood differ
emily lie understood delivery it was applicable TO
this and other cases Of the character TO mean the
delivery OF goods at reasonable time aud in
manner. IL vessel arrived Rockets at late hour in
the day aud landed her cargo upon the wharf at an nm
reasonable tinc or at time. without giving notice To
the consgnees to take charge of it, he held that such
cgo was under the control Of the Captain STILL In this
c'se the vessel arrived about IL o'clock perhaps L.
The cargo was being delivered from that time until
O'Clock in the evening, while notice of its delivery was
given to the consgnees. freshet arose. which did con
siderable damage TO the goods aud carried portion Of
them away, the loss in all amounting about SIT or SIS
lie held il to have been the duty of the Captain or
to have given due notice Of the delivery of the goods
more especially when delivered an time
The Captain having failed to do in this instance wa.
aad that Mr. Day contended before him. thai freight could
not be set off against damages. lie knew that many
Judges had decided that the consgnee bound to pay
the freight upon damaged goods, when il no though
proper, he could turn round and sue for damages
Other Judges differ with this view of the natter He
however, agreed with the minority. He did not
see why one should not DO made an offset against
tho other, when tho Justice OF the claim for dam
ages as against the company steamboat owners was
satisfactorily established Being satisfied tina, he had
ercised his Judgment IS best he could in arriving
fair decision in this matter lie had hesitation iG ds
sniSsing the case at the cost Of the steamboat company
CAPT. WHITES CAsg.-Tbc investigation into the
charges preferred 10y f. Jackson Crump against Captain
White one OF the city officers, which fixed for yes
tcrd ~ has been postponed until IL O'Clock morrow