304 FEDEEAL BEPOBTEB. �The vessel arrived on the evening or late in the afternoon of Jan- uary 27, 1880. She finished unloading about 2 o'clock in the after- noon of February llth. The charter-party seema to show that the unloading would occupy five days, if at the port of New York. It oc- cupied 52 hours, or a trifle over five days, if 10 hours are allowed as the working time for each day. It is difScult to fix with accuracy the time which should be allowed for the rain. I think two days should be added to the five, making seven for unloading, with proper allow- ance for interruptions from rain. The two Sundays should be de- ducted. The time of unloading should be counted from the morning of the twenty-eighth of January and include the eleventh of February ; this makes 15 days. Deducting five days as proper time for unload- ing, two days for rain, and two days for Sundays, we have six days remaining, for which libellants are entitled to recover at the rate of £30 per day, amounting to ^6180, English currency. �The |25 for hire of tarpaulins, and $32 for day and night watch- men, were for the protection of the cargo after it had been placed upon the wharf. By the terms of the charter-party the delivery was to be made to lighters, or the responsibility of the ship was to eease after delrvery from deck. It is not attempted to be shown that the de- livery was more rapid than the consignees could receive, but for their wishing to sell as delivered. The obligation to protect the cargo after it was placed upon the wharf was upon the charterers. These items should therefore be recovered. �The claim for $83.76, for 15 empty boxes, and the claim for money paid to Bassetti & Xiques, are rejeoted. The evidence does not show satisfactorily that these claims were not well founded, and the burden is upon the libellants. �Let there be judgment for libellants for $961.40, with interest from judicial demand. ��� �
Page:Federal Reporter, 1st Series, Volume 10.djvu/316
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