Rea v. Cutler
District Court, D. Massachusetts
This was a libel, brought in behalf of the owner of the bark Zamora, against the consignee of a part of her cargo, to recover a general average contribution, for the alleged voluntary sacrifice of the vessel.
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This was a libel, brought in behalf of the owner of the bark Zamora, against the consignee of a part of her cargo, to recover a general average contribution, for the alleged voluntary sacrifice of the vessel. It appeared by the evidence, that on the night of December 16th, 1845, during a violent gale, the vessel came to anchor about four miles off Mano-met Point; that soon after she began to drag, and drifted slowly, stern foremost, towards this point, which ran out about three-quarters of a mile, and on which the breakers were very heavy. As it was impossible to keep clear of the shore by…
1Opinion of the Court
SPRAGUE, District Judge.
The only question is. whether the_present case comes within the principles laid down by the supreme court in Columbian Ins. Co. v. Ashby, 13 Pet. [38 U. S.] 331. Several grounds of distinction have been taken:
First. That here there was no voluntary sacrifice, because the Zamora must inevitably have gone on shore. But in this respect, the two cases cannot be distinguished, as the special verdict in Columbian Ins. Co. v. Ash-by, found that there was no possible means of saving the vessel and cargo, except by running her on shore.
The principle of law laid down in that…
2Cases cited1 opinion
- Sims v. GurneySupreme Court of Pennsylvania · 1812
3Cited by2 opinions
- Emery v. HuntingtonMassachusetts Supreme Judicial Court · 1872
- Norwich & N. Y. Transp. Co. v. Insurance Co. of North AmericaDistrict Court, S.D. New York · 1902