Page:Federal Reporter, 1st Series, Volume 1.djvu/635

UNNEVEHa ». BTEAMSHIP HINDOO. 627 �\tfitnesses, I should not be justiûed in reoeiving it as Buffi- eient proof of the fact charged. �The fact of collision is not made ont, nor is it shown that the siukiug was caused by anything done by the tug after the Ida was put back along-side of the pier. �Libel dismissed, with costs. ���Unnevehr V. The Steamship Hindoo, etc. {District Court, 8. D. New Tork. February 12, 1880.) �CoMMoif Cabbibb/— BiLii OF Ladinq— Limitation of Liability— Neg- ligence — LoCKWooD V. R. Co. 17 WAiii., 357. — Where a commun car- rier has been guilty of negligence, lie cannot availhimself of a provisioa in abill of lading limitiug Ms liability to .£100.* �8amb — Consignee — Notice op Time and Place Vessel "WotrLD Dis- CHABOB Caugo. — The mere fact that the r.ht-lhint's ngent knew of the arrivai of the ship does not dispense with the necessity of actual notice of the time and place the vessel would discliarge her cargo. �Bame— Negligence— GooDS on Pieb Awatting ïaANSFaB to Public Waebhousb. — A ship is liable in rem where goods are stolen through negligence, while still iji the custody of the owners of the ship, after being discharged on a pier, and waiting to be conveyed to the public ■warehouse by the public carman. �In Admiralty. �E. Root, for libellant. �W. R. Beehe, for claimants. �Choate, J. This is a libel to recover the value of a bos of merchandise shipped at Hull, England, under bill of lading, and to be delivered in New York. The Bteamship arrived on Sunday, the fourth of June, 187T. There were eight boxes shipped and consigned to the libellant. They were discharged upon the Bteani«hip'8 pier, in Hoboken, in the forenoon of Tuesday, the sixth of June, and remained on the pier when it ■was closed at night. During the night one box was stolen from the pier by river thieves, and it is for this box that the suit is brought. Several defences bave been attempted. �1. It is claimed that the libellant has been guilty of fraud �*See ante, 382. ��� �