Bulkley v. Naumkeag Steam Cotton Company - 65 U.S. 386 (1860)
U.S. Supreme Court
Bulkley v. Naumkeag Steam Cotton Company, 65 U.S. 24 How. 386 386 (1860)
Bulkley v. Naumkeag Steam Cotton Company
65 U.S. (24 How.) 386
At Mobile, it is necessary for a vessel drawing much water to lie outside of the bar and have her cargo brought to her by lighters.
The usage is for the lighterman to be engaged and paid by the captain of the vessel, to give his receipt to the factor for the cotton, and to take a receipt from the captain when he delivers it on board of the vessel.
Where a lighterman, thus employed, was conveying bales of cotton to a vessel lying outside of the bar, but before they were put on board, an explosion of the boiler threw the bales into the water, by which the cotton was damaged; the vessel was held responsible for the loss upon being libeled in a court of admiralty, the master having included these bales in the bills of lading which he signed.
The delivery of the cotton to the lighterman was a delivery to the master, and the transportation by the lighter to the vessel the commencement of the voyage, in execution of the contract by which the master had engaged to carry the cotton to Boston. When delivered by the shipper and accepted by the master at the place of shipment, the rights and obligations of both parties became fixed.
The cases in this Court and in England examined.
The facts of the case are stated in the opinion of the Court.