Wharfinger

One who owns or keeps a wharf for the purpose of receiving and shipping merchandise to or from it for hire.

One who owns or keeps a wharf for the purpose of receiving and shipping merchandise to or from it for hire. A wharfinger stands in the position of an ordinary bailee for hire, and therefore, like a warehouseman, he is responsible for ordinary negfect, and is required to take ordinary care of the goods intrusted to him as such; Foote v. Storrs, 2 Barb. (N. Y.) 328; Blin v. Mayo, 10 Vt. 56, 33 Am. Dec. 175; 4 Term 581. lie is not an insurer of the safety of his dock, but he must use reasonable care to keep it in safe condition, for vessels which he invites to enter it; Nickerson v. Tirrell, & C. R. R. Co. v. Hanning, 15 Wall. (U. S.) 649, 21 L. Ed. 220; Poll. Torts 483; [1891] A. C. 11. While he does not guarantee the safety of vessels coming to his wharf, he is bound to exercise reasonable diligence in ascertaining the condition of berths thereat; and a master of a ship is bound to use ordinary care; Smith v. Burnett, 173 U. S. 430, 19 Sup. Ct. 442, 43 L. Ed. 75G. He is not, like an innkeeper or carrier, to be considered an insurer unless he superadd the character of carrier to that of wharfinger; 5 Burr. 2825; Platt v. Hibbard & Webb, 7 Cow. (N. Y.) 497; Ducker v. Barnett, 5 Mo. 97. The responsibility of a wharfinger begins when he acquires and ends when he ceases to have the custody of the goods in that capacity. As to when he begins and ceases to have such custody depends, generally, upon the usages of trade and of the business. When goods are delivered at a wharf, and the wharfinger has agreed, expressly or by implication, to take the custody of them, his responsibility commences; but a mere delivery at the wharf, without such assent, does not make him liable; 3 Camp. 414; Blin v. Mayo, 10 Vt. 56, 33 Am. Dec. 175; 14 M. & W. 28. When goods are in the wharfinger’s possession to be sent on board of a vessel for a voyage, as soon as he delivers the possession and the care of them to the proper officers of the vessel, although they are not actually removed, he is, by the usages of trade, deemed exonerated from any further responsibility; 1 M. & W. 174; Gass v. R. Co., 99 Mass. 220, 96 Am. Dec. 742. The wharfinger does not, however, discharge his duty by delivering them to one of the crew, but should deliver them to the captain of the vessel, or some other person in authority on board of it; 1 C. & P. 638. A wharfinger has a general lien upon all goods in his possession for the balance of his account; 4 B. & Aid. 50; Ex parte Easton, 95 U. S. 68, 24 L. Ed. 373; and in respect to the right of lien there is no distimtion between the wharfinger and the warehouseman; 23 Am. L. R. Eq. 465, 468. A wharfinger has equally a lien on a vessel for wharfage; The Phebe, 1 Ware 354, Fed. Cas. No. 11,065; Johnson v. Mc Donough, Gilp. 101, Fed. Cas. No. 7,395. See Wharfage.

One who keeps a wharf.

one who owns or keeps a wharf, for the purpose of receiving and shipping merchandise to or from it, for hire. Like a warehouseman, (q. v.) a wharfinger is responsible for ordinary neglect, and is therefore required to take ordinary care of goods entrusted to him as such. The responsibility of a wharfinger begins when he acquires, and ends when he ceases to have the custody of the goods in that capacity. When he begins and ceases to have such custody depends generally upon the usages of trade and of the business. When goods are delivered at a wharf, and the wharfinger has agreed, expressly, or by implication, to take the custody of them, his responsibility commences; but a mere delivery at the wharf, without such assent, does not make him liable. 3 Campb. R. 414; 4 Campb. R. 72; Cowen. R. 757. When goods are in the wharfinger's possession to be sent on board of a vessel for a voyage, as soon as he delivers the possession and the care of them to the proper officers of the vessel, although they are not actually removed, he is, by the usages of trade, deemed exonerated from any further responsibility. 5 Esp. R. 41; Story, Bailm. § 453; Abbott on Shipp. 226; Molloy, B. 2, c. 2, s. 2; Roccus, Not. 88; Dig. 9, 4, 3.