Brazier v. Clap
Massachusetts Supreme Judicial Court
This was an action of the case upon a policy of insurance, dated November 26, 1802, upon the ship America and cargo, at and from Boston to New Orleans, and at and from thence to Boston, or her port of discharge in the United States. The plaintiffs claim as for a total loss by shipwreck.
1Opinion of the Court
The opinion of the Court (except of the chief justice, who did not sit in the cause) was afterwards delivered by
Sedgwick, J.
[After recapitulating the circumstances of the case as reported by the judge, and his direction to the jury, that they had only to inquire whether the deviation was necessary or not; and in substance that the mistake of the master would be no excuse.] Was this direction correct and legal ?
A general position that the mistake of the captain, under no circumstances, forms an excuse for. a deviation, is certainly not true. The most skilful, discreet and prudent master may,…
2Cited by12 opinions
- Schweickhardt v. City of St. LouisMissouri Court of Appeals · 1876
- Arrington v. CherrySupreme Court of Georgia · 1851
- Burgess v. Equitable Marine InsuranceMassachusetts Supreme Judicial Court · 1878
- Potter v. Suffolk Ins. Co.U.S. Circuit Court for the District of Massachusetts · 1835
- Hargraves v. LewisSupreme Court of Georgia · 1849
7 more not listed; retrieve them via the Exa API.