Emery v. Huntington
Massachusetts Supreme Judicial Court
Bill in equity, filed Jim» 6, 1871, by John S. Emery and fifteen others against Edward B. Huntington, Sebastian B. Schlesinger, George P. King and Barthold Schlesinger, doing business under the name of Naylor & Company, and George H. Peters, William C. Peters and Joseph P. Ellicott, doing business under the name of E. D. Peters & Company, alleging that the plaintiffs were owners of the barque Megunticook; that the barque, on August 13,1870, while upon a voyage from Stockholm…
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Bill in equity, filed Jim» 6, 1871, by John S. Emery and fifteen others against Edward B. Huntington, Sebastian B. Schlesinger, George P. King and Barthold Schlesinger, doing business under the name of Naylor & Company, and George H. Peters, William C. Peters and Joseph P. Ellicott, doing business under the name of E. D. Peters & Company, alleging that the plaintiffs were owners of the barque Megunticook; that the barque, on August 13,1870, while upon a voyage from Stockholm to Bos-, ton with a full cargo of iron, nearly all of which was consigned to the defendants, came into collision with…
1Opinion of the CourtGbay, J.
In order to support a claim for contribution in general average, there must be an extraordinary and voluntary sacrifice of part of the interests at risk for the benefit of all, by which part is rescued from the imminent peril impending over the whole. The danger encountered by the election of the master may be either of a different kind from the danger avoided, or of the same kind; but it must not be the very same danger, merely modified by acts done by the master, in the performance of his ordinary duty in the navigation or management of the vessel, so to meet the impending peril as to…
2Cases cited9 opinions
- General Mutual Insurance v. SherwoodSupreme Court of the United States · 1853
- Peters v. Warren InsuranceSupreme Court of the United States · 1840
- Barnard v. AdamsSupreme Court of the United States · 1851
- Columbian Insurance Company v. Ashby & StriblingSupreme Court of the United States · 1839
- Caze v. ReillyU.S. Circuit Court for the District of Pennsylvania · 1814
4 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Ralli v. TroopSupreme Court of the United States · 1895
- John Meunier Gun Co. v. Lehigh Valley Transportation Co.Wisconsin Supreme Court · 1904
- Ralli v. TroopSupreme Court of the United States · 1895