Ruling Cases, Volume 1Robert Campbell Stevens, 1894 - Annotations and citations (Law) |
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Page v
... TOTAL LOSS CLAIMED . No. 1. Goss v . Withers No. 2. Allen v . Sugrue . No. 3. Irving v . Manning No. 4. Farnworth v . Hyde . SECTION II . — WHERE ABANDONMENT IS NECESSARY IN ORDER TO CLAIM TOTAL LOSS . No. 5. Fleming v . Smith SECTION ...
... TOTAL LOSS CLAIMED . No. 1. Goss v . Withers No. 2. Allen v . Sugrue . No. 3. Irving v . Manning No. 4. Farnworth v . Hyde . SECTION II . — WHERE ABANDONMENT IS NECESSARY IN ORDER TO CLAIM TOTAL LOSS . No. 5. Fleming v . Smith SECTION ...
Page 1
... TOTAL LOSS IN MARINE INSURANCE . Cases where Abandonment may be made and Total Loss claimed . Where Abandonment is necessary in order to claim as for a Total Loss . Total Loss without Abandonment . Criteria of Time in cases of Abandonment ...
... TOTAL LOSS IN MARINE INSURANCE . Cases where Abandonment may be made and Total Loss claimed . Where Abandonment is necessary in order to claim as for a Total Loss . Total Loss without Abandonment . Criteria of Time in cases of Abandonment ...
Page 3
... total loss ; subject , however , to the opinion of the court on the following questions , viz . : - 1st . Whether this capture of the ship by the enemy was or was not such a loss as that the insurers became liable thereby . 2dly ...
... total loss ; subject , however , to the opinion of the court on the following questions , viz . : - 1st . Whether this capture of the ship by the enemy was or was not such a loss as that the insurers became liable thereby . 2dly ...
Page 6
... total loss ( though they agreed it was an average loss ) . The capture of the ship was not a total loss ; the property was not divested out of the owners . A mere capture , without being carried infra præsidia , or some other such ...
... total loss ( though they agreed it was an average loss ) . The capture of the ship was not a total loss ; the property was not divested out of the owners . A mere capture , without being carried infra præsidia , or some other such ...
Page 7
... total loss , or a divesting of property ; and if so , the insurer cannot be entitled to recover . The statute of 29 ... loss of the voyage was holden to be the thing insured against by that policy ; which was without benefit of salvage ...
... total loss , or a divesting of property ; and if so , the insurer cannot be entitled to recover . The statute of 29 ... loss of the voyage was holden to be the thing insured against by that policy ; which was without benefit of salvage ...
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Act of Parliament agreement alleged amount appears argument assured authority cargo circumstances cited claim Commissioners common law compensation consequence construction contract Court of Exchequer Crown damage decision declaration defendant doctrine duty effect entitled equity Exch Exchequer Chamber fact freight given Grand Junction Canal ground held House House of Lords insured Judges judgment jury Justice L. J. Ch legislature liable Lloyd's Lord Lord ELLENBOROUGH Lord MANSFIELD Lordships Lyme Regis matter ment Metropolitan Railway Co negligence notice of abandonment opinion owner Parliament parties payment perils person Pinnel's plaintiff plaintiff in error plea in abatement pleaded powers present principle purpose question Railway Company reason recover referred repair reservoir respect River Wandle River Wear rule Rylands satisfaction ship statute supra sustained Taff Vale Railway taken tenant tion total loss underwriters verdict vessel Vict voyage words York
Popular passages
Page 249 - We think that the true rule of law is that the person who, for his own purposes, brings on his land and collects and keeps there anything likely to do mischief if it escapes, must keep it in at his peril ; and if he does not do so, is prima facie answerable for all the damage which is the natural consequence of its escape.
Page 708 - In all cases where a man has a temporal loss or damage by the wrong of another, he may have an action upon the case to be repaired in damages.
Page 721 - But if the persuasion be used for the indirect purpose of injuring the plaintiff, or of benefiting the defendant at the expense of the plaintiff, it is a malicious act which is in law and in fact a wrong act, and therefore a wrongful act, and therefore an actionable act if injury ensues from it.
Page 385 - That every Judgment Debt shall carry Interest at the Rate of Four Pounds per Centum per Annum from the Time of entering up the Judgment, or from the Time of the Commencement of this Act in Cases of Judgments then entered up and not carrying Interest, until the same shall be satisfied, and such Interest may be levied under a Writ of Execution on such Judgment.
Page 333 - But if the parliament will positively enact a thing to be done which is unreasonable, I know of no power in the ordinary forms of the constitution that is vested with authority to control it: and the examples usually alleged in support of this sense of the rule do none of them prove, that, where the main object of a statute is unreasonable, the judges are at liberty to reject it; for that were to set the judicial power above that of the legislature, which would be subversive of all government.
Page 472 - God and his reason commanded him to subdue the earth, ie, improve it for the benefit of life, and therein lay out something upon it that was his own, his labour. He...
Page 505 - Princess; and for default of such issue to the Princess Anne of Denmark, and the heirs of her body ; and for default of such issue to the heirs of the body of the said Prince of Orange.
Page 528 - So, in every case, where a statute enacts, or prohibits a thing for the benefit of a person, he shall have a remedy upon the same statute for the thing enacted for his advantage, or for the recompense of a wrong done to him contrary to the said law.
Page 342 - The general rule, established ex comitate et jure gentium, is that the place where the contract is made, and not where the action is brought, is to be considered in expounding and enforcing the contract. But this rule admits of an exception, when the parties (at the time of making the contract) had a view to a different kingdom.
Page 642 - Railway, or injuriously affected by the Construction thereof, full Compensation for the Value of the Lands so taken or used, and for all Damage sustained by such Owners, Occupiers, and other Parties, by reason of the Exercise, as regards such Lands, of the Powers by this or the special Act, or any Act incorporated therewith, vested in the Company...