Gray v. Waln
Supreme Court of Pennsylvania
ASSUMPSIT to recover freight pro rata, for the transportation of the goods of the defendant in the vessel of the plaintiffs, and also, to recover the defendant’s proportion of a general average, arising from the voluntary stranding and subsequent loss of the vessel. • e The cause was tried before Judge Yeates, at a Court of Nisi Prins, held in December, 1815, when it appeared, that the defendant, Robert Wain, on the 18th September, 1812, shipped on board the Apollo, Captain…
Read the full summary
ASSUMPSIT to recover freight pro rata, for the transportation of the goods of the defendant in the vessel of the plaintiffs, and also, to recover the defendant’s proportion of a general average, arising from the voluntary stranding and subsequent loss of the vessel. • e The cause was tried before Judge Yeates, at a Court of Nisi Prins, held in December, 1815, when it appeared, that the defendant, Robert Wain, on the 18th September, 1812, shipped on board the Apollo, Captain Bell, belonging to Messrs. Gray and Taylor, 170 barrels of flour, 169 barrels of rye flour, and 18 barrels of middlings,…
1Opinion of the Court
Tilghman C. J.
On the trial of this cause the judge reserved a point for consideration. Supposing the ship to have been voluntarily run on shore with a view of preserving as. far as possible both ship and cargo, is it a case of general average ? The defendant says it is not, because the ship was totally lost. But it is conceded, that if the ship had been only damaged, the cargo, which was saved, would have been liable to contribution. If this be the law, it will be difficult to assign a reason for it;- because the result is, that for a small loss there shall be compensation, but a great loss…
2Cases cited4 opinions
- Peyton v. HallettNew York Supreme Court · 1803
- Armroyd v. Union InsuranceSupreme Court of Pennsylvania · 1811
- Callender v. Insurance Co. of North AmericaSupreme Court of Pennsylvania · 1813
- Imlay v. SandsNew York Supreme Court · 1804
3Cited by7 opinions
- Barnard v. AdamsSupreme Court of the United States · 1851
- Nelson v. BelmontThe Superior Court of New York City · 1856
- Bevan v. Bank of United StatesSupreme Court of Pennsylvania · 1839
- Slater v. Hayward Rubber Co.Supreme Court of Connecticut · 1857
- Meech v. RobinsonSupreme Court of Pennsylvania · 1839
2 more not listed; retrieve them via the Exa API.