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SMITH v. BURNETT

No. 112.

173 U.S. 430 (1899)

19 S.Ct. 442

43 L.Ed. 756

SMITH, v. BURNETT.

Supreme Court of United States.

Decided March 13, 1899.

Attorney(s) appearing for the Case

Mr. R.D. Benedict for appellants. Mr. James S. Edwards, Mr. Job Barnard and Mr. Nathaniel Wilson were on his brief.

Mr. William G. Choate for appellees.

MR. CHIEF JUSTICE FULLER, after stating the case, delivered the opinion of the court.

Undoubtedly there was jurisdiction in admiralty in the courts below, and the applicable principles of law are familiar.

Although a wharfinger does not guarantee the safety of vessels coming to his wharves, he is bound to exercise reasonable diligence in ascertaining the condition of the berths thereat, and if there is any dangerous...

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