, 1875-07-21

A Bntcr, Of Decisions Interesting
to Mariners.
Judge Blodgett Settles a Point a. to
When Vessel.Freight Becomes
Due.
Damages Awarded for Failure to Wait
for Cargo.
wHEr vEssRL-raEtanr II pArAnLE.

wftEn vEssKL-rRE1anr II PAYABLE.
Several important locision6 wsro rendered BY
Judge l3!odsett yoatcrday morning. tho most tu'-
rortsnt pslhapa, in h legal poipt Of Wow, being
that of John Kildorhonae, owner of tho schootl.
or Queen City, IA. Miner T. Amos 4 Co.. oonl
merchants Of this city. This caso MAS libel to
recover freight OF 1910 tons OF coal brought 10
thn city by water In comp|anAnts hchooncg.
Tho contract bcssccn the parties was for coal
to 10 delivered hoto for 81 ton.
tsee Of handling, affirming tho usual
bills OF lalIhg. Tbs schooner Queen City
bought load here ieut November, arriving on
tue 37th. lho mnstcr Of tho ytsaei, uhou ho
hal moorod his boat At Tho aeftndahts' tlook, de-
,uaudcd the amount OF freight Amos 4 o.;
howcvcr, rof>iscd to pay th. whoe, hut o'rcro.i
tho caseo was discharged. Thts was refnsed,
SaS; wholo A1aeti .e,snt. siper r. Ames O.. Isa an
nnswor denying that tue freight was duo
ing that it could not bo claimed until
tho cargo was unIoaIed. Thevhleo pleaded tntt
thore vas custom hcse on tile part Of shiRrera
aud conagneos Ut coal GENERALLY that tho con.
Hguee, on'the arrival Of a ca1gb of coal, should
only pay pnrt OF sto freisht bofore Tho coal ID
unl,adcA, aall tho rolnauor aftorwasd.
Exceptions were taken to tho palt Of tho sn-
swcr referring to custom. and shc matter ro-
l8lTGN 10 ~ ". htGApoth} MHo ou6tA@11A AnoAi:
The case was then. brought to Jndge Dlo.lEots
On exceptions to the lsefercesreport. ThcJudge,
after rehearsnE tho oEldcnco, said TINT cur
rer Of goods lind lien oD goods IN his hands,
aud might ratEu them until hia frsight waa
pti,!, and was entitled 70 his freight
whom tho contract WAS completed: In
tho prokent case tho CONTRACT was for delivery
"froo OF handling" meaning that when tho
acnoncr had brought this cargo to defcndanta'
dock whore 1t was to be nulost1ed, tho master
waA'entltod to bis money Anu naed net "aik
Until the consignco took tho coal away rs IN
that caso Ao would ruu tho Tlak OF losing hta
he Was paid Tho allegation ns TO custom
could not therefore to .admitted to change tho
explicit forms of sho contract, aud tho axcop-
tioLn 10 tho answer would bo sustained and
III favor OF tho libellant, tho owner Of tho
schooner. -......-.
WHAT rs 4 rEpIcAr1oH?
In the case Of isobcrt =. TAnney VI. Richard
AZ to what meta aud declarations amount to .
dedication Of land and decided by Jndgo Biogctt
yesterday morning. The bill was filed by Tan-
sey, who cInimed that he was entitled to ono
| aiong caeh a!do Of tho right Of WY where tho
Chicago l. Alton Railroad has lta depot In tho
Town OF Dwight in Lviugston County, and
asked that his intersst might TO set
Els roslon 20 n' paid osss ss a scsna e1a at M
| in 1ts. tho Chicago i mississippi Railroad Cosn-
pany wAa engaged in building road from Chica-
20 TO Alton. Morgan, Lathtop Spencer, throo ot
tic road. aui to q coElain extont determined iss
route. They took advantage Of this little cir
eumatance. and very opporsunely bought
qutrac.s, Q :tion Just wharo tue road VAS aftor-
| Warus run. II WAS originally intended thas tho
alto Of tho depot for Il town should bo laid out
III the centre OF the quarser-sectou, so ~ TO bo
equally advantageous; hut by Fop1o accident 1t
mas wholly located on QUO 4u-acre tract. Nor.
/ wi, rt LAM
feet wide through this .raet. Ho sub
! se1uently became tho oWaer OF tho
| Whole quarto1-sccIl6s, aud lid it out
Into town blocks and iots naming the place
wide wss laid ou. for the depot, aud Ehhrked
..tlepot." Morgan was for several yoara after
wards Superintendent Of the Chicago l. Missis.
silpl noal. bur mado no claim TO my portion OF
after tic Mlaalssippi Road had boon sold out to
tbs Chicago X Alton ltoad under 3 mortgage he
asaertpd claim to the 400 feot a1t1a, or over
aud above tho 100 feet granted In 1853 to tho
| 1oal.
Tho question then arose. Had tho land been
dedicated BY Morgan to the Company 80 AZ to
debar him from asserting his titlo Tho conf
plainsnt, WIN III BEaneoo Of hpencefs interest,
flled bill claiming TINT no deod had over been
giyon Of this second 200 feet aud that, therefore,
It retnaiuod In tho original oSTncrH.
Judge Blodgett, however, hold thas It had bHen
dedicated to tue railroad. lie said that sosno
nMo tsu; tuo gnon1on mA'.h aet ...sa ses
DAyIa anu Urnmmoha MeIe appoint.eu !.a. tS.etos5
70 declao me Maltss sna tIHy nea t1as sle KY aa
haa neen fol1htuNhea py Mosean' 'uo4sa inos
ovaAed tho aeGs!oh o. Tue Huos.lon ~ ,1 " mnoa'
paa boeh aea'oateu. Lookl6 =. . W" Iy!1saSs.
however. III TUG iiosont easy. ~ s1uuhI. ~ " I
very eyidons that Morgan 'nsenaea ; a 10 g!yo ~
ne railroad company. ~ n.a nIas tnap oe ~ nau
lsia ont p'at 2on ioee VICE. snu naIASa n ua
pot" thnH Indicating an ihtoht'on tnas 'ne rai''
1oad shom!d na have !" ~ ;.,s aooon1 mp;
marked III aolored ink as belonsiees
10 tho Company; hnother circumstance 20 oe
cons'doIea was t!at Mosean w 81 tno sltas at,n
superintendent Of tho foaa ana IN lllehuiy feia-
ttop to IT, 90 that Il he intended to gve the "trip
OF land to any one 1t must ueSe ooeh 10 tnn Cotn'
pany; iheh eHatn ne msao no o'ala nnIa me
laud flad passed into tl,e haaua OF Anotner COM.
pauy. yesTs aftof"ard. ~ should theseto ore
order thas tac snit oe nlsniseca, ana = aectoe
10 entered IN FAVOR OF tt!o cnn'plaihanta ln the
e!Gss blll led, OF tue dc1enuants IN tae of18lha
bill.
poTfKh or sHrFtA.
iIU t