Sonsmith v. The J. P. Donaldson

Matthews, Justice.

These two libels were consolidated in the district court, and dismissed on the hearing. A decree for the libel-ants was prayed for on. two grounds: First, for a loss of the barges by the fault of the propeller in towing the barges on a voyage from Buffalo to Saginaw. Second, in case no fault in towing was proven, then for a proportion of the value of the barges lost, upon the principles of a general average, on the ground that they had been voluntarily cast off and lost during a storm, for the purpose and with the effect of saving the propeller.

As to the first ground, the…