Page:Federal Reporter, 1st Series, Volume 1.djvu/631

o'eOUBKK V. IONS OP COAL. 623 �He dîd not offer to have her poled up at his ovm expense. It is unneeessary to determine the point made on the part of the libellant that this incouvenience alone, and the fact that it would require libellant to put his boat in the power of etran- gers, would have excused him from going to the consignee's wharf. But, under ail the circumstances, I hold that the place designated was not suoh a proper place as the consignee has the right to designate. �It is urged, however, that the wharf at which the boat lay, and aU the -wharves below the bridge, were private wharves, and that the consignee had no right to go there to reeeive the cargo; but he testified himself that he offered to discharge there if the libellant would pay the cartage to his dock. This shows that it was a wharf which parties other than the pro- prietor of the wharf could use for a compensation. This made it 80 far a public wharf as to be a proper place to discharge. �It is also insisted that the libellant did not tender the cargo there. There may have been no formai tender, but it is evident, from the consignee's own testimony, that the libel- lant gave him to understand distinctly that he had arrived with his cargo at a place which he considered the end of his voyage. The only point made between the parties was whether he muat, under his contract, go to the consignee's wharf, as the consignee claimed he should do, The con- signee distinctly refused to reeeive the cargo where the boat lay, and, after waiting several days, the libellant took it away. �No other tender was neoessary. Nor was the libellant bound to wait there any longer. He had the right to take his boat out of the river, where it was not safe for him to remain with her longer at that season of the yea,r. The libellant appears to have been unduly alarmed at the risks of going up the river, and to have insisted that his boat could not safely be carried up, and to have overestimated the incon- venience and danger probably attending her lying at the con- signee's wharf and discharging there ; but these circumstances are immaterial. �The real question is whether, under the cîrcumstancea, hia ��� �