Fowler v. Rathbones
Supreme Court of the United States
Error to the Circuit Court for the Southern District of New Yórk. This was an action of assumpsit, brought in the court below by the owners of the ship Oneiza, to recover from the defendants^ as consignees and owners of cargo transported aboard of that vessel on a voyage from Calcutta to New York, a sum alleged to be due to the plaintiffs by way of a general-average for losses and expenses incurred in consequence of au alleged voluntary stranding of the ship.
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Error to the Circuit Court for the Southern District of New Yórk. This was an action of assumpsit, brought in the court below by the owners of the ship Oneiza, to recover from the defendants^ as consignees and owners of cargo transported aboard of that vessel on a voyage from Calcutta to New York, a sum alleged to be due to the plaintiffs by way of a general-average for losses and expenses incurred in consequence of au alleged voluntary stranding of the ship. The facts, which appeared from the protest and the testimony of witnesses, were, in the main, undisputed. The ship arrived off’ Baudy…
1Opinion of the CourtJustice Clifford
Losses in a sea risk which give a claim to general average are usually divided into two great classes : (1) Those which arise from a sacrifice of part of the ship, or part of the cargo, purposely made to save the whole adventure from perishing. (2) Such as arise out of extraordinary expenses'incurred, by one of the parties, in the course of the voyage, for the joint benefit-of the ship and cargo.'
Where two or more parties are engaged in the same sea risk, and one of them, in a moment of imminent peril, makes a‘sacrifice to -avoid the impending danger, or incurs extra'ordinary expenses to…
2Cases cited1 opinion
- Columbian Insurance Company v. Ashby & StriblingSupreme Court of the United States · 1839
3Cited by17 opinions
- Ralli v. TroopSupreme Court of the United States · 1895
- Hobson v. LordSupreme Court of the United States · 1876
- Conrad v. De MontcourtSupreme Court of Missouri · 1897
- Compagnie Generale Transatlantique v. HoguetDistrict Court, S.D. New York · 1888
- Commonwealth v. MyerSupreme Court of Virginia · 1896
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