Smith v. Wright
New York Supreme Court
This was an action against the owners of a ship, to recover the value of goods shipped on deck, and ejected. At the trial it was .admitted that the defendants were owners, of the ship Charlotte,- that the plaintiffs were owners of twelve bales of cotton, laden on deck, to be carried from Hew-York to Liverpool; that they were to pay one half of the freight which was paid for goods carried in the hold; and that the cotton, in a storm, was ^thrown into the sea, for the…
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This was an action against the owners of a ship, to recover the value of goods shipped on deck, and ejected. At the trial it was .admitted that the defendants were owners, of the ship Charlotte,- that the plaintiffs were owners of twelve bales of cotton, laden on deck, to be carried from Hew-York to Liverpool; that they were to pay one half of the freight which was paid for goods carried in the hold; and that the cotton, in a storm, was ^thrown into the sea, for the preservation of the [*44] ship and the residue of the cargo, both of which arrived in safety. Several eminent brokers,…
1Per curiam
The plaintiffs shipped on half freight, on the deck of the defendants’ vessel, twelve bales of cotton for Liverpool; which, for the preservation of ship and cargo, were, in a storm, thrown overboard; and the question is, are they entitled to average ? It is conceded, that to general average they are not: that the shippers of goods ■ under hatches, and the insurers on ship and cargo, [*45] are not liable to contribution *on account of their presumed ignorance of any part of the cargo being placed in so perilous a situation.(a) But it is insisted there is not the same ground of-exemption for the…
2Cited by14 opinions
- Renner v. Bank of ColumbiaSupreme Court of the United States · 1824
- Rawson v. . HollandNew York Court of Appeals · 1875
- Nelson v. Southern Pacifc Co.Utah Supreme Court · 1897
- Rindskoff Bros. v. BarrettSupreme Court of Iowa · 1862
- S. & M. Allen v. Merchants BankNew York Supreme Court · 1836
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