Cram v. Aiken
Supreme Judicial Court of Maine
This was an action of assumpsit for contribution upon the principles of general average, against the defendants as owners of the schooner Herald arising from a jettison on the high seas of the plaintiff’s goods, shipped on freight; on board said vessel. It was admitted, that the defendants were owners of the schooner, and it appeared, that she was employed as a general freighting vessel between Hallow cU and Boston.
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This was an action of assumpsit for contribution upon the principles of general average, against the defendants as owners of the schooner Herald arising from a jettison on the high seas of the plaintiff’s goods, shipped on freight; on board said vessel. It was admitted, that the defendants were owners of the schooner, and it appeared, that she was employed as a general freighting vessel between Hallow cU and Boston. It was agreed to be the uniform usage for general freighting vessels between Kennebec River and Boston to carry goods on deck, after the hold was full, but that generally such…
1Opinion of the Court
The opinion was delivered at a subsequent term by
Weston C. J.
By the commercial law, goods shipped on deck, and lost by jettison, are not entitled to the benefit of gene*232ral average. Such is the law of France. Commercial code, b. 2, art. 421, which upon this point follows the ordinance of the marine of Louis the fourteenth. Such is the English rule, as laid down by Abbott, in support of which, he refers to a trial before Lord Ellenborough, and another before Chambre J. Abbott on Shipping, 344. No opposing decision in the English courts, has been adduced. The rule does not appear ever to have…
2Cases cited1 opinion
- Hallett v. JenksCourt for the Trial of Impeachments and Correction of Errors · 1804
3Cited by5 opinions
- The Milwaukee BelleDistrict Court, D. Wisconsin · 1869
- The William GillumDistrict Court, D. Massachusetts · 1872
- Goddefroy v. The Live YankeeDistrict Court, N.D. California · 1857
- The Adele ThackeraDistrict Court, S.D. New York · 1885
- Wood v. The Sallie C. MortonDistrict Court, D. New Jersey · 1879