Howell Edmunds Jackson

“ In the execution of its undertaking to deliver the goods to the consignees at the port of New York, the carrier had no right to change or increase the risk by any departure from the express stipulations of the contract. In unloading at night for its own benefit, and in depositing the goods upon the wharf for its own convenience, the risk and liability of loss was manifestly increased ”

“ Where the contract is to carry by water from port to port, an actual delivery of the goods into the possession of the owner or consignee, or at his warehouse, is not required in order to discharge the carrier from his liability. He may deliver them on the wharf; but, to constitute a valid delivery there, the master should give due and reasonable notice to the consignee, so as to afford him a fair opportunity to remove the goods or put them under proper care and custody. ”

“ The steamship company, as a common carrier, is, upon well-settled principles, responsible for this loss, unless it is relieved from liability by some special exception or express stipulation in the bill of lading, or by reason of some established or known usage at the port of New York. ”

“ No provision of the bill of lading exempted the carrier from liability for loss by fire that might happen while the goods were deposited on the wharf under the 48-hour permit and no reason appears why the carrier might on the wharf under the 48-hour permit, the law would otherwise impose upon it, until, by proper notice, the duty of taking care of the goods was shifted or transferred to the consignees. ”

“ So in reference to fire insurance. While it is shown by one of the witnesses that fire insurance could have been procured on 'goods lying on the wharf by the side of the ship, before they were actually taken away,' the clause in question did not require that the consignees should have anticipated that their goods would be unloaded at night and deposited on the wharf. Aside from this, it is ordinarily essential, in a fire insurance policy, that the locality of the risk should be specified. ”

“ While not controverting the legal principles governing the liabilities and duties of carriers, the opinion of the court seems to imply that to some extent they should be modified or suspended to meet the improved modern methods of rapid transportation. ”