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28 F. Cas. 1268

The Volusia

U.S. District Court

Decided September 15, 1862

U.S. District Court · decided 1862-09-15

[Appeal in admiralty from the district court of the United States for the Eastern district of Pennsylvania.] Lincoln & Co. were the lessees of a wharf on the Delaware, below Chestnut street, and proprietors of a line of Boston packets, that loaded and unloaded there. On a Saturday afternoon, 1847, one of their packets lying at the wharf, was covered by the Volusia, which lay alongside of her on the outside berth.

Decided 1862-09-15

¶1After advisement,

GRIER, Circuit Justice,

¶2for the circuit court, reversed the decree, announcing the rule of this port to be, that no vessel has a right to occupy a wharf without the permission of the owner, unless twenty-four hours’ previous notice has been given of an intention to occupy a wharf, which was vacant when the notice was made.

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