The Admiralty Jurisdiction, Law And Practice of the Courts of the United States: With An Appendix, Containing the New Rules of Admiralty Practice Prescribed By the Supreme Court of the United States, Those of the Circuit And District of the United States
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The custom to receive steamboat men being proved to be general, the owners must be supposed to have been aware of it, and not having forbidden the master to conform to it, they must be presumed to have acquiesced in it, as a privilege tending to facilitate their business, and beneficial to themselves. The master, therefore, had authority to act under this custom, and thereby to bind the owners. In transpor- The libellant must accordingly be deemed to have tation by nSen"e ^^^^^ lawfuUy ou board..., and that was sufficient. And with regard to the extent of the obligation imposed by law to convey the libellant safely, the court felt no hesitation in applying to the case before it, the negligence is grosa. carrier. CONTRACTS OF AFFREIGHTMENT. 259 important and stringent doctrine laid down in Ths °^f^ ^ Philadelphia and Reading JR. H. Co. v. Derby (a), whicli the court desired "to be understood to reaffirm, as resting, not only on puUic policy, but on sound principles of law." That doctrine is this: "Where carriers undertake to convey persons by the powerful and dangerous agency of steam, public policy and safety require that they should be held to the greatest possible care and diligence.
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