Sherwood v. Ruggles
The Superior Court of New York City
Assumpsit for average on a cargo of turpentine, tried before the Chief Justice, in October, 1847. ■ The plaintiffs proved the shipment of 1150 barrels, on board of their schooner, the Cornelia, at Swansborough, North Carolina, on the 16th September, 1845, consigned to the defendant at New York. The vessel sailed, September 22d. The next day, about three hours after they crossed the bar, in a gale of wind, she sprung a leak,, and it became necessary to put back.
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Assumpsit for average on a cargo of turpentine, tried before the Chief Justice, in October, 1847. ■ The plaintiffs proved the shipment of 1150 barrels, on board of their schooner, the Cornelia, at Swansborough, North Carolina, on the 16th September, 1845, consigned to the defendant at New York. The vessel sailed, September 22d. The next day, about three hours after they crossed the bar, in a gale of wind, she sprung a leak,, and it became necessary to put back. She did not succeed in getting into S., and finally, on the 25th, went into the port of Beaufort, There the cargo was discharged, and…
1Opinion of the CourtBy the Court. Vanderpoel, J.
The question whether the vessel was seaworthy, was purely one of fact. It was fairly submitted to the jury, and they have found that she was seaworthy. Barnum testified, that in 1844 he repaired the schooner for the plaintiffs ; that he cut her down to the water’s edge, put in new timbers, new ceiling, new outside from the bottom to the rail; that he took out all the ceiling, and left only the keel, stern, stern-post, and a few floor timbers. He says, he substantially rebuilt her.
The witness Newman also testified, that he was a shipwright; that he examined the schooner Cornelia about eighteen…
2Cited by3 opinions
- Walsh v. Washington Marine InsuranceNew York Court of Appeals · 1865
- Walsh v. Washington Marine InsuranceThe Superior Court of New York City · 1865
- The CongressDistrict Court, D. Wisconsin · 1854