Heye v. North German Lloyd
District Court, S.D. New York
I11 Admiralty. This action was brought to recover for the damages to the contents of some of the tranks of the libelant and his family, who were passengers upon the respondent’s steamer Eins, from Bremerhaven to New York, in October, 1886. On the night after the steamer left Bremerhaven, a tire, from some cause unknown, was discovered in the baggage compartment, where all the trunks were stowed.
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I11 Admiralty. This action was brought to recover for the damages to the contents of some of the tranks of the libelant and his family, who were passengers upon the respondent’s steamer Eins, from Bremerhaven to New York, in October, 1886. On the night after the steamer left Bremerhaven, a tire, from some cause unknown, was discovered in the baggage compartment, where all the trunks were stowed. The steamer was stopped, and, by means of a fire hose introduced through a ventilator, the compartment was Hooded with water, the fire extinguished, and a considerable part of the baggage, not touched…
1Opinion of the CourtBrown, J.
It is urged that, considering-the division of the ship into iron compartments, and the easy means of putting out this fire, there was 110 such common danger, or similarity, or substantial equality of danger between the baggage and the cargo, as makes justly applicable the rules of a general average contribution. Upon the evidence, however, no doubt, as it seems to me, can be entertained that the fire in the baggage compartment did threaten the safety of the entire ship. The situation of the compartment over the boilers; the considerable progress of the fire in the compartment; the proximity…
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