Page:Federal Reporter, 1st Series, Volume 7.djvu/86

§ 329,v TMsi then, was the generajl duty pf the defendant; that is, to con)^ey,,tliis flour tp Lq^dop, and. there deliver it to the consign^p^rW^thin, a reasppable tim§. i.Spiaething bas been said in the argument?: oftcounsel asto the alleged fail- ure of the defendant ^to.ha've.st^eain-shipaat its command to receive this flour on its arrivai in Portland. This was a through contract. . It yi^s theirefore as much the duty of the defendant to furpish a v^ssel o^ vessels for the, pcean tjrans-; portation of this flour; as it -was itsi .duty to fujrnish cars to, transport it frpm Lil^ingtpft to Portland. It was not, how^ ever, ,nece8sai;ily, its duty to haye scessels in waiting at the vpry moment, of on the very day, the flour should arrive in Portland ; but it wSiS itsi duty tp provide means of :conveyance by whiqh reasonable die^patch should be affpsded, ^na. im- proper delayiayoided- , The law,in.such case,.exacts nothipg unreasonable,: but it^doea require diligence and reasonable pi:pmptness, undej .the .circupstapces, in furnishing means of couv^yance. ,The, Jfact that, if th§ defendant did not , ship the flour PP the Argosy, it,had:ithe right,;to. ship it pn any other yessel of egualcla^s for njarine insurance, did not in any naanner relieyethe defendant of its duty in the matter. of forwarding t|ie fl,pur withpropqr dispatqh,. If it pelected a,ny other vessel than, tlxe ,44'gpsy jt. was, aSiW^jeh boun^ to transport the flour withiu a, reaspnablp time as if the ship- ment was made in that particujar Tessel. It may be well to state ,to you further, as, a general proposition of law with reference to the. obligation; pf a. common carrier, to prqvide sufficient.meaiis pf convpyanc^, |):}at'it,iis "the first duty of thp carrip to provide hiijis^.with; all the facilities and ap- pliances, fpr ;the . transpprta^ion, lof such. goods, as he;holds himself putj^srrpady.tp.ieiigage in the cairiage of. He must, put himself in- a. situation, tp.be.at^eastable to, transport an amount. <pf freigl^tiof,,t.|5iekjpd. whichjl^e iproppses tp carry «pal tp that which may.beorcliiiarilj.exppctpd to seek jaranar portation, uppn hjs jrpute," , and h,e will not "beexcusedfor n,ot foein.g prpvidp(i ,with, a, sufiSjoiency, pf C9aji,yg.7anpes and pther mea AS f p? ; thp , jp^a^popt^tipp of ,that ,which he may reasoipa,- bly expect tp ,1)6 pffered," Ilui ,if -itlipre. was delay in; trans- ��� �