Olsson v. Theo. H. Davies & Co.
Hawaii Supreme Court
Submission without Action. Submission. The undersigned, C. P. Olsson, Master of the Swedish bark Ida, plaintiff, and Theo. H. Davies & Co., Agents of Lloyds and the Indemnity Mutual Marine Insurance Company, respectfully represent: That there is a question in difference between them which might be the subject of a civil action in the Supreme Court, based upon the following facts which are agreed upon.
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Submission without Action. Submission. The undersigned, C. P. Olsson, Master of the Swedish bark Ida, plaintiff, and Theo. H. Davies & Co., Agents of Lloyds and the Indemnity Mutual Marine Insurance Company, respectfully represent: That there is a question in difference between them which might be the subject of a civil action in the Supreme Court, based upon the following facts which are agreed upon. The bark Ida, of which plaintiff is master, sailed from Tacoma, State of Washington, with a cargo of lumber bound for Montevideo, on or about the 3d day of August, 1889. That said cargo…
1Opinion of the Court
Opinion of the Court, by
Dole, J.
Under the circumstances shown by the submission, the question whether or not the underwriters have voluntarily accepted the goods at Honolulu must be decisive of the case. It is established by all the authorities “that if the shipper voluntarily accepts the goods at the place of disaster, or at any intermediate port, such acceptance terminates the voyage and all responsibility of the carrier, and the master is entitled to freight pro rata itineris.” Propeller Mohawk, 8 Wall., 161; Hunt vs. Haskell, 24 Me., 342; 1 Parsons’ Shipping and Adm., 239, 240, and 239,…
2Cases cited3 opinions
- Caze v. Baltimore InsuranceSupreme Court of the United States · 1813
- Propeller MohawkSupreme Court of the United States · 1869
- Smyth v. WrightNew York Supreme Court · 1852