Sproat v. Donnell
Supreme Judicial Court of Maine
The action was assumpsit, and was brought to recover the value of six hundred sugar box shooks, alleged to have been shipped on board a schooner called the Nancy, owned by the defendants, and lost from the vessel in a voyage from Gardiner to Boston. In the first count the plaintiffs claimed contribution from the defendants for the losses sustained, upon the principle^ of a general average.
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The action was assumpsit, and was brought to recover the value of six hundred sugar box shooks, alleged to have been shipped on board a schooner called the Nancy, owned by the defendants, and lost from the vessel in a voyage from Gardiner to Boston. In the first count the plaintiffs claimed contribution from the defendants for the losses sustained, upon the principle^ of a general average. The other counts alleged that the loss was occasioned by the misconduct and negligence of the defendants, or of the master and crew of the vessel. The report of the trial before Whitman C. J. gives all the…
1Opinion of the Court
The opinion of the Court was drawn up by
Whitman C. J.
— The plaintiffs claim tobe remunerated for six hundred sugar box shooks, shipped on board the schooner Nancy, of which the defendants were the general owners, at Gardiner, to be transported to Boston ; which are alleged to have been lost by the negligence of the master and crew of said vessel; or, if not so lost, that they were jettisoned for the preservation of the vessel and the residue of the cargo and freight, whereby the plaintiffs have become entitled to a contribution, upon the principle of a general average loss. The cause was…
2Cited by6 opinions
- The PelotasCourt of Appeals for the Fifth Circuit · 1933
- Webb v. PeirceU.S. Circuit Court for the District of Massachusetts · 1852
- The IndiaU.S. Circuit Court for the District of Southern New York · 1883
- Companhia De Navegacao Lloyd Brasileiro v. David G. Evans Coffee Co.Court of Appeals for the Fifth Circuit · 1933
- The William GillumDistrict Court, D. Massachusetts · 1872
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