A Practical Treatise On The Law Of Marine Insurance

Paperback | October 12, 2012

byRichard Lowndes

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1885 edition. Excerpt: ...than is afforded in this case. The ship perished because she went ashore on the coast of Yorkshire. The cause of her going ashore was partly that it was thick weather and she was making for Hull in distress, and partly that she was unmanageable because full of water. The cause of that cause, viz., her being in distress and full of water, was, that when she laboured in the rolling sea she made water; and the cause of her making water was, that when she left London she was not in so strong and staunch a state as she ought to have been; and this last is said to be the proximate cause of the loss, though since she left London she had crossed the North Sea twice! We think it would have been a misdirection to tell the jury that this was not a loss by perils of the seas, even if so connected with the state of unseaworthiness as that it would prevent any one who knowingly sent her out in that state from recovering indemnity for this loss" (z). (2) Dudgeon v. Pembroke, L. R. ship into the roadstead in a stat6 9 Q. B. 581. The alhision here is of unpreparedness for sea, owing to to Thompson v. Hopper, 6 E. & B. which she was obliged to anchor in 937; see also S. C. on demurrer, 6 an exposed position, and a gale E. & B. 172. In the latter ease coming on while she was there, the shipowner was personally in drove her ashore and she became a fault, for having knowingly sent his total wreck. Hero, though the proximate cause was the gale and Phillips, Ins. §§ 1132, 1137, and 1 This decision was reversed in the Court of Appeal, on various grounds, which it is unnecessary here to set forth (a), as the original judgment was reaffirmed in the House of Lords, and on the same grounds. "A long course of decisions in the courts of...

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1885 edition. Excerpt: ...than is afforded in this case. The ship perished because she went ashore on the coast of Yorkshire. The cause o...

Format:PaperbackDimensions:98 pages, 9.69 × 7.44 × 0.2 inPublished:October 12, 2012Publisher:General Books LLCLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0217665225

ISBN - 13:9780217665223

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