Mills v. Old Colony Steamboat Co.
Massachusetts Supreme Judicial Court
Tort, with a count in contract, for the defendant’s neglect to make a general average adjustment after an alleged general average loss, caused by the means used to extinguish a fire on board the defendant’s steamship, the Albatross.
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Tort, with a count in contract, for the defendant’s neglect to make a general average adjustment after an alleged general average loss, caused by the means used to extinguish a fire on board the defendant’s steamship, the Albatross. Trial in the Superior Court, before Brigham, C. J., who reported the case for the determination of this court, in substance as follows: On April 17, 1881, the Albatross arrived at New Bedford from New York, with a cargo consigned to one hundred and twenty-nine different persons. In the evening of that day, while she lay at a wharf near other vessels, and near…
1Opinion of the CourtField, J.
We express no opinion whether, if this be a general average loss, an action can be maintained for the negligence alleged in the declaration. It has been judicially decided that such an action can be maintained in Crooks v. Allan, 5 Q. B. D. 38, and in Gillett v. Ellis, 11 Ill. 579; but the decision in Crooks v. Allan is by a single justice, and no cases are cited in the opinion. We find it unnecessary to determine whether these cases ought to be followed, or to decide what the rule of damages is if an action lies.
The gist of the action is negligence, in delivering the cargo without an…
2Cases cited4 opinions
- Nelson v. . BelmontNew York Court of Appeals · 1860
- Gillet v. EllisIllinois Supreme Court · 1850
- Nelson v. BelmontThe Superior Court of New York City · 1856
- Davey v. The Mary FrostU.S. Circuit Court for the District of Eastern Texas · 1876
3Cited by8 opinions
- Ralli v. TroopSupreme Court of the United States · 1895
- Gartman v. City of McAllenTexas Supreme Court · 1937
- The RoanokeDistrict Court, E.D. Wisconsin · 1891
- The BeatriceDistrict Court, S.D. New York · 1924
- Ralli v. TroopDistrict Court, S.D. New York · 1889
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