Wood & Co. v. Phœnix Insurance Co.
District Court, E.D. Pennsylvania
Libel by owner of goods jettisoned against the underwriter of the balance of the cargo to recover contribution by general average. The facts are sufficiently stated in the opinion.
1Opinion of the CourtButler, J.
On the fourth of October, 1879, the libellants shipped on board the “Mary and Eva,” then lying at Mill-ville, New Jersey, a cargo of iron pipe, loaded in part above and in part under deck, 31 tons of which were to be delivered in New York and the remainder at West Point. In the course of the voyage the vessel encountered tempestuous weather, and it became necessary to throw a portion of the deck cargo overboard. The respondent had insured what was under deck with knowledge that similar cargo was to be carried above. The libel assorts “that it is the custom of the trade, in shipping cargo of…
2Cases cited4 opinions
- Lawrence v. MinturnSupreme Court of the United States · 1855
- Harris v. . MoodyNew York Court of Appeals · 1864
- Meaher v. LewisTexas Supreme Court · 1858
- The Milwaukee BelleDistrict Court, D. Wisconsin · 1869