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Ralli Vs. Troop
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- US Supreme Court
- Apr 01, 1895
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U.S. 386 (1895) U.S. Supreme Court Ralli v. TroopSearch
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U.S. 386 (1895) Ralli v. TroopSearch
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Hicks v. PalingtonSearch
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Columbian Ins. Co. v. AshbySearch
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or expenses so incurred shall be assessed upon all in proportion to the share of each in the adventure. McAndrews v. ThatcherSearch
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adventure is sacrificed solely for the benefit of the rest of the adventure is apparent in those cases. In McAndrews v. ThatcherSearch
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Wall. 70 U. S. 372 . In The Star of Hope and in Fowler v. RathbonesSearch
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the general average allowed was for the loss of the vessel by stranding by the voluntary act of master. See Emery v. HuntingtonSearch
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Mass. 431, 436. And in Hobson v. LordSearch
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of the crew while assisting in repairing the injuries suffered by the vessel from such a standing. In Wright v. MarwoodSearch
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Q.B.D. 62, 67. In Burton v. EnglishSearch
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The Gratitudine, 3 C.Rob. 240, 257-258, 260. In the case of The Hornet, reported as Lawrence v. MinturnSearch
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Id., 58 U. S. 100 , 58 U. S. 109 -110. See also Dupont v. VanceSearch
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of sacrificing part of the adventure to secure the safety of the rest. Int he leading case of Columbian Ins. Co. v. AshbySearch
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of the adventure, the master and the owner of the ship are each liable to the owner of the goods sacrificed. Barnard v. AdamsSearch
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ship, and the owner of the goods sacrificed has a corresponding lien on what is saved for the amount due him. Cutler v. RaeSearch
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Dupont v. VanceSearch
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Strang v. ScottSearch
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Curt. 340, and 18 How. 59 U. S. 63 . In Price v. NobleSearch
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including the duty of determining her course and speed and the time, place, and manner of anchoring her. Cooley v. BoardSearch
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adventure, and has no application to other property on land or to contracts relating to such property. In Welles v. BostonSearch
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Taylor v. PlymouthSearch
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Peters v. WarrenSearch
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Abbott on Shipping (11th ed.) 537, note. In Harrison v. BankSearch
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rule, although there was a difference of opinion as to whether the facts of the case came within it. See also Robinson v. PriceSearch
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Liverpool Steam Co. v. PhenixSearch
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He further observed that in Dupont v. VanceSearch
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How. 162, as well as in Lawrence v. MinturnSearch
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After referring to other authorities, he said that in Sturgis v. CarySearch
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elements which go to entitle the barges to a general average contribution, as state in the leading case of Barnard v. AdamsSearch
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in general average. The Star of Hope, 9 Wall. 203, 76 U. S. 227 , 76 U. S. 234 , Gage v. LibbySearch
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Rose v. BankSearch
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for the purpose of saving ship and cargo, has long been considered a subject of general average. Columbian Ins. Co. v. AshbySearch
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of Queen's Bench (although any expression of opinion upon the point was avoided in the Exchequer Chamber) in Stewart v. WestSearch
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Q.B. 88, 362. And the law of England in that respect has since been settled in accordance with out law. Whitecross Co. v. SavillSearch
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a fire by direction of others than the master or mate of a ship adjudged to be a general average loss. In Nimick v. HolmesSearch
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water were poured into the hold by means of her own apparatus and hose, and that she was afterwards scuttled. In Heye v. NorthSearch
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German Lloyd, 33 F. 60 and 36 F. 705, also, the fire was extinguished by the officers and crew only. In Gregory v. OrrallSearch
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fire engines used in putting out the fire were apparently employed by the master, and under his control. In Nelson v. BelmontSearch
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of facts, and is rested on the authority of the first opinion of Judge Jenkins in The Roanoke. In Whitecross v. SavillSearch
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Wamsutta Mills v. OldSearch
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of the master or commanding officer of the vessel was in the Supreme Judicial Court of Massachusetts in Wamsutta Mills v. OldSearch
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Sun Ins. Co. v. OceanSearch
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