nmivuuo v. NORFOLK, ie w., a. oo. 27
east of the Connecticut river. Under the same understanding, the Old Do-
minion Steam-ship Company, running to New York, was to receive all freight
to points west of the Connecticut river, and the Baltimore Steam Packet
Company for Philadelphia., in connection with the Philadelphia, Wilmington
& Baltimore Railroad. Upon the Providence line there were four steamers,
making tri-weekly trips, which were of suiiicient capacity to carry the freight
that usually offered. ·
Fifth. Upon the fifteenth of October the transportation company was ’
unable to accept 500 bales of cotton till the next day, on account of accumu-
lations of freight which had grown gradually from early in the month. Bo-
tween the iifteenth and twenty-third of October there had been communica-
tion between the oiiicers of the two companies in reference to the forwarding
of the increased quantities of freight that were in transit. The Norfolk agent
of the steam-ship company visited Baltimore, Philadelphia, and New York to
charter other steamers, and chartered the only steamer which he had suc-
ceeded in finding. This steamer arrived at Norfok on October 28th. The
president of the steam-ship company also promised to transfer in a few days
one of its Savannah steamers to the Providence line to accommodate the un-
usual iniiux of business; and in order to increase the number of trips between r
Norfolk and P1·ovidence, temporarily stopped running up to Baltimore, which
was on the route. In the fall of the year all lines of transportation from the
south to the north are commonly more or less crowded, but the pressure in
October and November, 1883, was unusually great upon all lines. When the
first shipment arrived on the twenty-third of October, an extra steamer was
expected in a few days. About 12,000 bales of cotton had accumulated on the
wharves and warehouses of the steam-ship company, and when the iirst ship-
ment of the cotton in question arrived upon the twenty-third of October, and
the agent of the railroad company tendered delivery in due course, no more
could be conveniently stored at that point. and the agent of the steam-ship
company declined to accept it, upon the ground that he had no place to store
it, but proposed that if the railroad company would unload and store in its
own warehouse and on its wharf about 2,000 bales of cotton, he would pay ,
for insurance upon it and send a steamer in a few days to remove it. The
wharf is the regular terminus of the railroad of the defendant in the city of
Norfolk, and equally accessible as that of the steam-ship company to steam-
ers. In view of the declared and actually existing impossibility of its receipt
_by the transportation company, and in reliance upon the assurance from the
oflicers of the steam-ship company that anadditional steamer would be for-
warded to remove the cotton within a few days, the superintendent of the
railroad company authorized the Norfolk agent to unload the cotton and ef- `
feet an insurance of $100,000 in the name of “The Norfolk do Western Rail-
road Company, and for account of whom it may concern." On October 26th
about 1,000 bales additional arrived, making 3,028 bales in all, and were un-
loaded under the same agreement, and $40,000 additional insurance was ef-
fected. The premiums were paid by the steam-ship company. ,
The exact dates of the arrival of the cotton were as follows: B
1883, October 22, . - ---- 61 bales.
23, ---· - - 826 "
24, - ` -···- 352 "
25. · ’ ‘ · - _ · 842 "
26, -·--· . - 714 "
27, -·-- · - 103 “
31, · - - - - ` - 107 "
Date of arrival not given, -·-·- 23 "
3,028 bales.