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Sacramento Navigation Co. v. Salz, 273 U.S. 326 (1927)

Sacramento Navigation Company v. Salz

No. 51

Argued December 2, 3, 1926

Decided February 21, 1927

273 U.S. 326


1. A contract for the transportation of cargo shipped on board a barge, with privilege to the carrier of reshipping, in whole or in part, on steamboats or barges and of towing with one steamer two or more barges at the same time, is a contract of affreightment, in which it is necessarily implied that the barge as a means of transportation will be used in conjunction with a steamer or tug, to be furnished by the carrier, the two constituting together the effective instrumentality. P. 273 U. S. 328.

2. In such case, the barge and the tug together constitute the "vessel transporting merchandise or property" within § 3 of the Harter Act. P. 273 U. S. 330.

3. The rule of strict construction is not violated by permitting the words of a statute to have their full meaning or the more extended of two meanings. P. 273 U. S. 329.

3 F.2d 759 reversed.

Certiorari (268 U.S. 683) to a decree of the circuit court of appeals which affirmed a decree of the district court in favor of Salz, the present respondent, in a suit in personam brought by him to recover for the loss of a cargo of barley while it was being towed by the petitioner under a contract of affreightment.

Page 273 U. S. 327

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