Description - A Treatise on the Law of Carriers Volume 2; As Administered in the Courts of the United States, Canada and England by Robert Hutchinson
This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1906 Excerpt: ...seems to be that fractions of a day are to be taken into account, that construction will be enforced and demurrage will begin to run on the expiration of the fraction of a day.60 When the agreement is for "weather working days," and a part only of a weather-working day is in fact used by the charterers on account of the weather, the question often arises whether that part is to be counted against them as a whole day or as part of a day, or whether it is to be excluded from the calculation altogether. "The most equitable view is to charge half a day against the charterers where substantial work is done, though not amounting to half a day, and to charge a full day where substantially a full day's work, though not amounting to twelve hours, is done; no smaller fraction than half a day should, however, be taken into consideration, and if the time worked is quite insignificant, it should not be charged at all."61 Sec. 839. Same subject--Agreements for "quick dispatch," "customary quick dispatch" and "customary dispatch."--An agreement for "quick dispatch" is, in effect, an agreement for a fixed time in loading or discharging and over-rides any customary mode of doing the work.62 Under such an agree 58. The India, 49 Fed. 76, 1 C. v. Lamport & Holt, (1897) 1 Q. B. C. A. 174, 2 U. S. App. 83; Hughes 570, 66 L. J. Q. B. 382. v. Hoskins Lumber Co., 136 Fed. In Weir v. Northwestern Com 435. mercial Co., 134 Fed. 991, the 59.-The Katy, (1895) P. 56. court held that under the circum 60. Yeoman v. The King, (1904) stances of that case, 24 hours con2 K. B. 429, 73 L. J. K. B. 904. stltuted a "weather working" day 61. Branckelow Steamship Co. at Nome, Alaska. 62. Mott v. Frost, 47 Fed. 82. ment, the...
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