Meaher v. Lewis
Texas Supreme Court
Error from Galveston. Tried below before Hon. J. H. Bell. This suit was brought in the Court below to recover freight on lumber delivered by the plaintiff to defendants at Galveston. The bill of lading which is in evidence shows that defendant’s lumber was shipped on the deck of plaintiff’s vessel at the port of Mobile, to be delivered at the port of Gal veston.
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Error from Galveston. Tried below before Hon. J. H. Bell. This suit was brought in the Court below to recover freight on lumber delivered by the plaintiff to defendants at Galveston. The bill of lading which is in evidence shows that defendant’s lumber was shipped on the deck of plaintiff’s vessel at the port of Mobile, to be delivered at the port of Gal veston. The shipment on deck was therefore under a special contract, as shown by the bill of lading and statement of facts. A portion of defendant’s lumber was necessarily and lawfully jettisoned by the plaintiff on the passage, during a…
1Opinion of the CourtWheeler, J.
This case was argued with great ingenuity ■and ability on behalf of the appellant; but we think the great weight of authority and the reason of the law so clearly with the decision of the Court below, as not to require an elaborate opinion. The general rule is indisputable and unquestioned, in the absence of any general usage or course of trade, that goods carried on deck and jettisoned, give no claim for *392contribution. But where they are so carried according to the-common usage and course of trade on the voyage for which-they are shipped, that their jettison does give a claim for contribution…
2Cited by4 opinions
- Tucker v. SmithTexas Supreme Court · 1887
- United States Fidelity & Guaranty Co. v. RameyCourt of Appeals of Texas · 1924
- The William GillumDistrict Court, D. Massachusetts · 1872
- Wood & Co. v. Phœnix Insurance Co.District Court, E.D. Pennsylvania · 1880