Nicaraguan Long Leaf Pine Lumber Co., Inc. v. Moody. The William G. Osment

RIVES, Circuit Judge.

This was a libel in admiralty now based solely upon the law of general average. The first count alleging negligence on the part of the vessel was dismissed by the district court and no appeal is taken from that decision. The second count sought a general average contribution from the vessel for the jettison of the deck cargo. The district court held that since the libelant had failed to prove negligence, it was precluded from any recovery by the provision of the bills of lading, “All lumber loaded on deck at Shipper’s risk.” 1

The basis of the law of general average is…