p.2 Warehousing - A case has just been tried at Toronto growing out of the destruction of property here by the fire of last fall. We quote the Globe's report:-
May 6th - Moulson vs McPherson, et al. - This was an action against forwarders for the loss of 400 barrels of flour delivered to them to be forwarded to Montreal. The plaintiff had delivered to the defendant 1300 barrels to be so forwarded, and they were all in fact forwarded as far as Kingston. There the defendants finding all their barges occupied, with the knowledge of the plaintiff's agent, transferred the flour to their storehouses until they should be able to send it the rest of the way. After a while they managed to send 900 barrels on, but before the other 400 could be disposed of in the same manner the storehouse was burnt, and the flour destroyed, for the value of which this action was brought. It appeared that in the agreement for forwarding the flour, the plaintiff covenanted generally to insure, and the whole issue of the case turned on a point of law as to whether the defendants at the time of the fire were acting as common carriers or warehousemen, for if they had been acting as warehousemen, they would not have been liable for the loss, unless the fire originated in their own carelessness. The learned Judge, however, directed the Jury, that as the defendants had delayed the flour, carried it on shore and warehoused it for their own convenience merely, and not at the instance of the plaintiff, they were, as regarded their connection with him, still acting as carriers only, and that as they had not immediately forwarded the flour, but had delayed it without any fault of the opposite party, and without the force of adverse weather, the agreement that the plaintiff should insure was rescinded. The jury accordingly returned a verdict for 1,539 pounds. Hagarty, Q.C., and M.R. Vankoughnett for plaintiff; Cameron, Q.C. for defendant. [Globe]
Port of Kingston - Imports - 10th - Str. Ontario, Ogdensburgh - (gen. cargo)
Schr. Water Witch, Chicago - 12,303 bus wheat, R. Wallace.
Schr. Buffalo, Chicago - 13,041 bus corn, McPherson & Crane.
Schr. S. Bond, Oswego - in ballast.
Str. Cataract, Oswego - (gen. cargo)
Str. J. Counter, Cape Vincent - (gen. cargo)
Items - It is proposed to put a light for the harbor upon the top of Mr. Berry's new elevator building. The height is upwards of 100 feet.
Mr. Raasloff, of the firm of Maillefert & Raasloff, New York, submarine engineers, is about to survey the rapids of the St. Lawrence, between Montreal and Kingston, with a view of making proposals to our government for the removal of such rocks as now obstruct the navigation of the river. Government has sanctioned the survey.
May 12, 1854
not issued - (problems with press)