WHARFINGER. One who owns or keeps a wharf for the purpose of receiving and shipping merchandise to or from it for h ire.
2. A wharfinger stands in the situation of an ordinary hailee for hire, and, therefore, like a warehouseman, he is responsible for ordinary neglect, and is required to take ordi nary care of the goods intrnsted to him as such. 2 Barb. N. Y. 328 ; 4 Ind. 368 ; 10 Vt. 56 ; Peake, 119 ; 4 Term, 581 ; 2 Stark. 400. He is not, like an innkeeper or carrier, to be considered an insurer unless he superadd the character of carrier to that of wharfinger.
Stark. 72 ; 4 Campb. 225 ; 5 Burr. 2825 ; 2 Johns. N. Y. 232 ; 7 Cow. N. Y. 497 ; 5 Mo. 97. The responsibility of a wharfinger begins whcn be acquires and ends when he ceases to have the custody of the goods in that capacity.
3. 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 im plication, to take the custody of them, his responsibility commences ; but a mere deli very at the wharf, without such assent, does not make him liable. 3 Campb. 414 ; 4 id. 72 ; 6 Cow. N. Y. 757 ; 10 Vt. 56 ; 2 Stark.
400 ; 14 Mees. & W. Exch. 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. 5 Esp. 41 ; Story, Bailm. 453 ; Abbott, Shipp. 226 ; Molloy, b. 2, c. 2, s. 2 ; Roccus, Not. 88 ; Dig. 9. 4. 3 ; 1 Mees. & W. Exch. 174; 16 id. 11ff ; 1 Gale, Exch. 420. The wharfinger does not, however, discharge his duty by deliveri ng them to one of the crew, but should deliver them to the captain of the vessel, or some other per son in authority on board of it. 1 Carr. & P. 638. And see 10 Bingb. 246 ; 2 Carr. & M. 531 ; 7 Scott, 876 ; 4 Q. B. 511.
A wharfinger has a general lien upon all goods in his possession for the balance of his account. 1 Esp. 109 ; 3 id. 81 ; 6 East, 519; 7 id. 224; 4 Barnew. & Ald. 50 ; 12 Ad. & E. 639 ; 7 Barnew. & C. 212. A wharfinger has equally a lien on a vessel for wharfage. Ware, Dist. Ct. 354 ; Gilp. Dist. Ct. 101 ; 1 Newh. Adm. 553.