 | Great Britain. Court of King's Bench, Edward Hyde East - Law reports, digests, etc - 1845 - 658 pages
...remedy ; and there can be no other remedy than by action to recover damages. It is true, where there are many owners of the cargo there may be as many actions...in consequence of extraordinary sacrifices made or expences incurred for the preservation of the ship and cargo come within general average, and must... | |
 | Francis Hildyard - Insurance law - 1845 - 894 pages
...by a general contribution, 501 13. All loss which arises in consequence of extraordinary sacrifices, or expenses incurred for the preservation of the ship and cargo, come within the description of general average, 501 14. The expense of repairing a ship injured by resisting a... | |
 | Manley Hopkins - Arbitration and award - 1859 - 520 pages
...General Average by Mr. Justice Lawrence in Birkley v. Presgrave (1 East, 228) — a loss arising out of extraordinary sacrifices made, or expenses incurred, for the preservation of the ship and cargo — meaning for the joint benefit of the ship and cargo, and which must therefore be borne proportionally... | |
 | United States. Supreme Court - Law reports, digests, etc - 1912 - 840 pages
...The facts present a case of general average within the meaning of the clause in the bill of lading. All loss which arises in consequence of extraordinary...incurred for the preservation of the ship and cargo, comes within general average, and must be borne proportionably by all who are interested. Birkley v.... | |
 | Theophilus Parsons - Admiralty - 1869 - 730 pages
...raises an implied promise in that person to pay." And Grore, J., said : " It is true, where there are many owners of the cargo, there may be as many actions...liable to answer for their respective proportions." 1 Gillett v. Ellis, 11 11l, 579. The only objection raised to the claim for contribution was that the... | |
 | Theophilus Parsons - Admiralty - 1869 - 724 pages
...partially interested. Oppenheim v. Fry, 3 Best & S, 873, per Blackburn, J. That all losses which arise in consequence of extraordinary sacrifices made or...of the ship and cargo come within general average, see Birkley v. Presgrave, 1 East, 228 ; and that all casual and inevitable damage and loss, as distinguished... | |
 | John Erskine - Law - 1870 - 730 pages
...the brokers; Smith's Merc. Law, 829. (i) The principle is not confined to a jettison of goods, but " all loss which arises in consequence of extraordinary...incurred for the preservation of the ship and cargo, comes within general average, and must he borne proportionably by all who are interested ;" Birkley... | |
 | Nathaniel Cleveland Moak - Law reports, digests, etc - 1872 - 788 pages
...course, for the benefit of the whole concern;" and those of Lawrence, J., in the same case ( 3 ), " All loss which arises in consequence of extraordinary...incurred for the preservation of the ship and cargo ;" see also Plummer v. Wildman ( 4 ). This language agrees with the statements of text writers, both... | |
 | GEO. TUCKER BISPHAM - 1874 - 610 pages
...general average is another illustration of the right of contribution. It is called into play when a loss arises in consequence of extraordinary sacrifices...incurred for the preservation of the ship and cargo, in which case the loss must be borne proportionably by all who are interested. Thus, where goods are... | |
 | Robert Phillimore - International law - 1874 - 904 pages
...is not liable to indemnify (r) According to the English Law, "All loss which arises in conscouence of extraordinary sacrifices made, or expenses incurred,...the preservation of the ship and cargo, come within yencral arerage, and must be borne proportionably by all who are interested." — Birklty v. Presgrove,... | |
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All loss which arises in consequence of extraordinary sacrifices made, or expenses incurred, for the preservation of the ship and cargo comes within general average, and must be borne proportionately by all who are interested. 
