Page:Federal Reporter, 1st Series, Volume 1.djvu/193

VON LINGEN V. DAVIDSOH. 185 �diligence and dispatch ; that at first there was some delay resulting from there being two other steamers ahead of them, who had the right to be first loaded, and for the first three days the "Whickham" was more or less interfered with, and the witnesses testify that the delay in ail may ha^^e resulted in a loss of about two days' time. They state that the "Whick- ham" had steam up for several hours before the loading was completed, and that she sailed within an hour and a half after the last basket of ore was taken on board. �What do thesG facts show with regard to the siirroandings of the steamer at the date of the charter, and what assistance do they afford us in getting at the meaning of the statement that the steamer was then "about to sail from Benizaf with cargo for Philadelphia?" �Thay show that the steamer was to bring the usual cargo from that place, and that it was being put on board in the usnal manner ; that she had been at the place five days. They show that she had not then sailed, because she had not com- pleted taking in her cargo; but that she did complete taking in lier cargo with reasonable diligence, and, being in evory respect Stted for the voyage, did, as soon as her cargo was on board, proceed with ail convenient speed to Philadelphia. Either I must hold that "about to sail with cargo" meant that the sleamcr had her cargo ail on board, and had nothing left to be done but to get up her anchor and start, which is an unroasonable and strained interpretation of such words in a contract with reference to a vessel in so remote a place ; or I must hold that they meant that she would sail in 12 hours, or in 24 or 48 hours, or some other definite time after the signing of the chartor-party, which would be making for the contracting parties a contract which they did not themsalves make; or I munt look at the known employment of the steamer at the date of the contract, and hold that the words meant that, as loading her cargo was the only thing which could be suppo'icid to be detaining her at that place, she was to sail as soon as, with reasonable diligence, she could get her cargo on board ; and this, I am of opinion, is the proper inte;pretaiiou of the contract. The word "about" eau only be ��� �