28 _ rnommn amroarm.
The cotton thus stored on the defcndant’s wharf and in the warehouse was
cotton destined for Providence. and was selected by the steam-ship company
for unloading at the wharf for this reason. No increased risk of lire arose from
placing the cotton on the wharf and in the store-house, as was done. It was
the custom of each company to insure merchandise in its custody, and like
insurance would have been taken out if the cotton had been stored at the
steam-ship wharf. From day to day repeated assurances were given that a
steamerwould be sent, and the extra vessel, which arrived ou October 28th,
had been promised for the removal of this cotton, but was loaded at the other
wharf, because of some diniculty in reference to the coaling or loading; and
the Berkshire, a vessel capable of carrying about 5,000 bales of cotton, was
transferred from the Savannah line to Norfolk, and she was expected to reach
there on the thirteenth of November, but did not do so until the night of the
fourteenth of November. having been delayed at Boston or on her way. On
_ the morning of the fourteenth of November a fire occurred which destroyed
the-larger part of the cotton. None of the 3,028 bales could be identified, and
the loose cotton saved was sold under the direction of the iire underwriters,
and the proceeds deposited in bank for the benefit of whom it might concern.
The value of the plaintiffs cotton which was burned was $9,121.87. No
notice was given to the plaintids of the storage and detention of the cotton,
and it does not appear from the evidence that tracers were sent out or inquiry
made by the plaintiffs. Notice of the loss of their cotton was given to the
plaintiffs in Providence by letter dated No1·f0lk, November 27th, which was
the first knowledge the plaintiffs had of their loss. No notice was given to
V the plaintiffs of the sale of the remnants of thecotton saved from the fire.
The cotton burned had been sold by the plaintiffs to the mills for consump-
tion., In addition to the 3,028 bales already mentioned, another lot of cotton,
amounting to 1.000\bales, insured in the name of the steam-ship company,
was stored in the same warehouse, and was also burned, making about 4,000
bales in all. ,
Sixth. After October 26th, and up to the time of the {ire, freight contin—
ued to be received at Bristol, and other cotton at the rate of about 800 bales a
day arrived by the Norfolk & Western Railroad, and was delivered to the
steam-ship company, and large shipments were made from the steam-ship
wharf to Boston and Providence; but it does not clearly appear that any cot-
ton reaching Norfolk after October 26th had been shipped before November
14th. This fact is left in doubt by the testimony; but it is shown that no
considerable quantity went forward, and no intentional preference was given.
1f the steamer which arrived on October 28th had been sent as promised by
‘ the steam-ship company to the railroad wha1·f, the plaintiffs` cotton would
have been forwarded on that or the following day.
Seventh. Cotton could be forwarded by sail from Norfolk to Providence,
but no cotton has been shipped coastwise by sail from that port for the last
10 years. Schooners that had been, employed in other trades were seeking
freights in Philadelphia and New York. A steam-ship, the J uniata, with a
capacity of 2.500 bales, could have been chartered at Philadelphia on and after
November 7th. This fact was not known to the defendant or to the agent
of the steam-ship company, nor was the vessel advertised for charter or put in
the hands of brokers. The J uniata had previously been moving cotton be-
tween Savannah and New York. No attempt was made to forward by the
Shenandoah Valley Railroad via Roanoke. Cotton is sent to New England
points from the south-west by this line, but a block existed there, which lasted
from July until nearly Christmas; and the arrangements for transferring
cars, necessitated by a change of gauge at that point, were not completed until
February, 1884. The bulk of cotton, however, goes forward via Norfolk, that
being a cheaper and more convenient route. No attempt was made to for-
ward by the Canton line to Baltimore, and thence to destination by rail, it be-