The William Gillum
District Court, D. Massachusetts
The libellants proceeded for thirty-three tons of pig-iron short delivered out of two hundred tons, shipped at Philadelphia, for the Bay State Iron Company at Boston, by the schooner William Gillum, under a bill of lading in the usual form. The answer set up that in a gale it had been necessary to throw overboard this part of the cargo, for the safety of the rest.
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The libellants proceeded for thirty-three tons of pig-iron short delivered out of two hundred tons, shipped at Philadelphia, for the Bay State Iron Company at Boston, by the schooner William Gillum, under a bill of lading in the usual form. The answer set up that in a gale it had been necessary to throw overboard this part of the cargo, for the safety of the rest. Of the two hundred tons, fifty had been stowed on the deck of the schooner; and of the quantity jettisoned a little less than one-half was under deck, for which the libellants had received contribution in general average, and made…
1Opinion of the Court
LOWELL, District Judge.
The evidence appears to me to establish the usage contended for by the claimants, which is, that in coasting voyages of this character, where there is a full cargo, consisting, in large part, of heavy goods, like pig-iron, a portion of the cargo, not exceeding one-quarter, is carried on deck; and that such a custom is reasonable, applying, as it does, only to merchandise which is not liable to be injured by wet. nor to be readily washed overboard, and as such stowage tends to make the vessel steadier and easier in rough weather. If such a usage is proved, and nothing…
2Cases cited7 opinions
- Smith v. WrightNew York Supreme Court · 1803
- Gillet v. EllisIllinois Supreme Court · 1850
- Sproat v. DonnellSupreme Judicial Court of Maine · 1846
- Cram v. AikenSupreme Judicial Court of Maine · 1836
- Meaher v. LewisTexas Supreme Court · 1858
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Hunting v. John H. CannonDistrict Court, D. Maryland · 1892