The Roanoke
District Court, E.D. Wisconsin
In Admiralty. The libel was filed by certain underwriters against the steamer Roanoke, in a cause of general average, civil and maritime. The libel charges that the Roanoke on the 17th May, 1890, was lying at her dock in the port of Buffalo, bound for Toledo, partly laden with a cargo of merchandise consigned to Toledo, consisting principally of pipe-clay, plaster, cement, jute, cases of envelopes, and spiegel-iron.
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In Admiralty. The libel was filed by certain underwriters against the steamer Roanoke, in a cause of general average, civil and maritime. The libel charges that the Roanoke on the 17th May, 1890, was lying at her dock in the port of Buffalo, bound for Toledo, partly laden with a cargo of merchandise consigned to Toledo, consisting principally of pipe-clay, plaster, cement, jute, cases of envelopes, and spiegel-iron. During the day the steamer was taking on cargo until 7:30 p. m. , when fire was discovered in the mid-ship hold, among the jute. Thereupon an alarm was given by the officers of…
1Opinion of the Court
Jekkins, J.,
(after stating the facts as above.") The record presents the ■ question whether contribution in general average is sanctioned for damage by water poured upon cargo to extinguish fire on board ship. The principle which underlies the whole doctrine of general average is that a loss voluntarily incurred for. the sake of all shall be máde good by the contribution of all. Insurance Co. v. Ashby, 13 Pet. 331; Hobson v. Lord, 92 U. S. 397. The maxim of the Rhodian law, the foundation of general average, did not in terms extend further than to cases of jettison; but the principle applies…
2Cases cited12 opinions
- New Jersey Steam Navigation Company v. MERCHANTS'BANK.Supreme Court of the United States · 1848
- Star of HopeSupreme Court of the United States · 1870
- Barnard v. AdamsSupreme Court of the United States · 1851
- Columbian Insurance Company v. Ashby & StriblingSupreme Court of the United States · 1839
- MOORE v. American Transportation Co.Supreme Court of the United States · 1861
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3Cited by5 opinions
- Botsford v. Union Marine Ins.Court of Appeals for the Seventh Circuit · 1893
- The BeatriceDistrict Court, S.D. New York · 1924
- Minneapolis, St. P. & B. S. S. Co. v. Manistee Transit Co.District Court, W.D. New York · 1907
- Maloy v. Moran Towing & Transp. Co.Court of Appeals for the Second Circuit · 1930
- The Moran No. 16District Court, S.D. New York · 1929