Page:Federal Reporter, 1st Series, Volume 1.djvu/630

ti22 FEDERAL REPORTER, �cause. The place was not a safe one for the boat to winter. I think this necessary detention in discharging was, under the particular circumstances of the case, and considering the season of the year, not only a seripus inconvenienee to the vessel, but that it made that place extra hazardous. No doubt the vessel takes upon herself the usual perils of the port, and if she agrees to carry to a port, and there is not in the port any place of discharge at which she can safely lie for a con- tinuous discharge of her cargo, she must submit to this in- convenienee as being within the contract, but subject to ail delays of this character necessarily incident to the port as a port. I doubt very much whether a vessel can be directed by the consignee to a place of discharge at which she cannot discharge continuously, if there are any places within the port, usually resorted to for the discharge of such cargoes, and where she can discharge her cargo, which are not open to this objection. Judge Lowell thus states the rule in the case of The Boston, 1 Lowell : �"In the absence of evidence of usage, I lay down the rule of law that when there are two or more wharves in the port, equally convenient to the carrier, he is bound to deliver at that most convenient to the shipper, if he be duly and seasonably notified of such preference. " �In general, a vessel cannot be required to lie idle unless it is necessary. A continuons delivery of cargo after arrivai, if practicable, is to be presumed to have been contemplated by the parties. But, however it be may in a case where this is the only inconvenienee, it seems to me clear that where this nec- essary detention involves the vessel in a danger of loss or injury, beyond what mere delay usually does, a place subject to this objection is neither reasonably convenient noi safe within this rule of law. The poling of libellant's boat up the river to the consignee 's wharf would also be a considerable inconvenienee. �I am not able to find on the evidence that it would be at- tended by any greater danger than ordinary navigation, if the men attempting it were accustomed to the work. The con- signee offered the services of his men, to be paid by libellant. ��� �