A Treatise On the Law of Shipping And the Law And Practice of Admiralty
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In Gilmore u. Carman, 1 Smedes & M. 279, a bill of lading was signed containing an exception against dangers of the river. Held, that this meant the same as perils of the seas, and that the carrier was liable for a loss by fire. See also Morewood v. PoUok, 1 Ellis & B. 743, 18 Eng. L. & Eq. 341 ; N. J. Steam Nav. Co. v. Merch. Bank, 6 How. 344 ; Garrison v. Memphis Ins. Co. 19 How. 312 ; Parsons v. Monteath, 13 Barb. 353; Gould v. Hill, 2 Hill, 623; Mercantile Ins. Co. v. Chase, 1 E. D.
Smith, ...115 ; Dorr v. N. J. Steam Nav. Co. 4 Sandf. 136 ; Swindler v. Hilliard, 2 Rich. 286. And in Airey v. Merrill, 2 Curtis, C. C. 8, Mr. Justice Curtis held, that under a covenant in a charter-party to restore the vessel to the Owners, CH. VII.] SHIPS AS COMMON CAREIEES. 257 Loss by the explosion of a steam boiler is not a loss by the act of God.i So, too, if a man rolled a rock into the shallow channel of a river, and the first vessel that came along, having no cause to suspect any obstruction, struck upon it, this we should hold as certainly not an act of God,^ but quite as certainly a " danger of the seas." ^ For we think that this phrase includes all the perils of every kind actually connected with navigation,* whether man did " dangers of the seas excepted," the charterer was liable for the value of the vessel, in case of its destruction by an accidental fire originating on board, such fire not being one of the " dangers of the seas " within the exception.
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You can find similar books in the "Read Also" column, or choose other free books by Theophilus Parsons to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
In Gilmore u. Carman, 1 Smedes & M. 279, a bill of lading was signed containing an exception against dangers of the river. Held, that this meant the same as perils of the seas, and that the carrier was liable for a loss by fire. See also Morewood v. PoUok, 1 Ellis & B. 743, 18 Eng. L. & Eq. 341 ; N. J. Steam Nav. Co. v. Merch. Bank, 6 How. 344 ; Garrison v. Memphis Ins. Co. 19 How. 312 ; Parsons v. Monteath, 13 Barb. 353; Gould v. Hill, 2 Hill, 623; Mercantile Ins. Co. v. Chase, 1 E. D.
Smith, ...115 ; Dorr v. N. J. Steam Nav. Co. 4 Sandf. 136 ; Swindler v. Hilliard, 2 Rich. 286. And in Airey v. Merrill, 2 Curtis, C. C. 8, Mr. Justice Curtis held, that under a covenant in a charter-party to restore the vessel to the Owners, CH. VII.] SHIPS AS COMMON CAREIEES. 257 Loss by the explosion of a steam boiler is not a loss by the act of God.i So, too, if a man rolled a rock into the shallow channel of a river, and the first vessel that came along, having no cause to suspect any obstruction, struck upon it, this we should hold as certainly not an act of God,^ but quite as certainly a " danger of the seas." ^ For we think that this phrase includes all the perils of every kind actually connected with navigation,* whether man did " dangers of the seas excepted," the charterer was liable for the value of the vessel, in case of its destruction by an accidental fire originating on board, such fire not being one of the " dangers of the seas " within the exception.
What to read after A Treatise On the Law of Shipping And the Law And Practice of Admiralty?
You can find similar books in the "Read Also" column, or choose other free books by Theophilus Parsons to read onlineMoreLess
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