Horace Gray, The Gazelle Meissner v. Brun — Opinion of the Court
“ Nothing, therefore, is shown to take the case out of the general rule, that a ship-owner, who is prevented from performing the voyage by a wrongful act of the charterer, is prima facie entitled to the freight that he would have earned, less what it would have cost him to earn it. ”
Horace Gray, The Gazelle Meissner v. Brun — Opinion of the Court
“ By the express terms of the charter-party, the charterers were bound to order the vessel 'to a safe, direct, Norwegian or Danish port, or as near thereunto as she can safely get, and always lay and discharge afloat.' The clear meaning of this is that she must be ordered to a port which she can sefely enter with her cargo, or which, at least, has a safe anchorage outside where she can lie and discharge afloat. ”
Horace Gray, The Gazelle Meissner v. Brun — Opinion of the Court
“ The charterers insisted upon ordering her to the port of Aalborg. The circuit court has found that Aalborg is in a fiord or inlet having a bar across its mouth, which it was impossible for the Gazelle to pass, either in ballast or with cargo; and that the only anchorage outside the bar is not a reasonably safe anchorage, nor a place where it is reasonably safe for a vessel to lie and discharge. ”
