The Jason
Supreme Court of the United States
ON CERTIFICATE FROM THE UNITED STATES CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT. Cross libels were 'filed in the United States District Court for the Southern District of New York between the owner of the steamship Jason and the firm of Arbuckle Brothers, owners, and the Insurance Company of North America, insurers, of part of that vessel’s cargo, to recover general average contributions. The District Court dismissed both libels. 162 Fed.
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ON CERTIFICATE FROM THE UNITED STATES CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT. Cross libels were 'filed in the United States District Court for the Southern District of New York between the owner of the steamship Jason and the firm of Arbuckle Brothers, owners, and the Insurance Company of North America, insurers, of part of that vessel’s cargo, to recover general average contributions. The District Court dismissed both libels. 162 Fed. Rep. 56. Upon appeal the Circuit Court of Appeals at first filed an opinion for affirmance (178 Fed. Rep. 414), but afterwards granted a rehearing, as…
1Opinion of the Court
Mr. -Justice ^Pitney,
after stating the case as above, delivered the opinion of the court.
That the facts present a case of general average within the meaning of the clause embodied in. the bills of lading is entirely clear. There was a common, imminent peril involving ship and cargo, followed by a voluntary and extraordinary sacrifice of property (including extraordinary expenses), necessarily made to avert the peril, and a resulting common benefit to the adventure. McAndrews v. Thatcher, 3 Wall. 347, 365; Star of Hope, 9 Wall. 203, 228; Ralli v. Troop, 157 U. S. 386, 394.
The principal…
2Cases cited9 opinions
- Liverpool & Great Western Steam Co. v. Phenix InsuranceSupreme Court of the United States · 1889
- Railroad Co. v. LockwoodSupreme Court of the United States · 1873
- Propeller Niagara v. CordesSupreme Court of the United States · 1859
- The Maggie HammondSupreme Court of the United States · 1870
- The IrrawaddySupreme Court of the United States · 1898
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- Brown & Root, Inc. v. M/v Peisander, Etc.Court of Appeals for the Fifth Circuit · 1981
- May v. Hamburg-Amerikanische Packetfahrt AktiengesellschaftSupreme Court of the United States · 1933
- United States v. Atlantic Mutual InsuranceSupreme Court of the United States · 1952
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