Scottish Court of Session Decisions

Subject_1 RECOMPENCE.
Subject_2 SECT. IV.

Expenses laid out in re communi.

Lutwidge
v.
Gray

Date: 18 January 1735
Case No. No 25.

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In a shipwreck, part of the cargo being saved and fished out of the sea, the goods were delivered to the freighters upon payment of the salvage. In a pursuit, afterwards, at the instance of the owner of the ship, against the freighters for a proportional part of the freight, effeiring to the goods saved, a counter claim was reared up by the freighters for a proportion of the salvage effeiring to the pursuer's claim for freight, which it was contended they ought to be liable for, in respect if no goods had been recovered, no freight would be due. Answered, The salvage is no commune negotium, the labour and expense being entirely bestowed upon saving the goods, without any other supposed view. It is true the owners of the ship reap a consequential benefit by saving the goods, in being entitled to the freight, which otherwise they could not claim; but expense laid out in saving and preserving of any thing, follows the proprietor only, even where others reap a casual or consequential benefit thereby. The Lords found the full freight due, without any deduction upon the account of salvage. See Appendix, See Section 6th.

Fol. Dic. v. 2. p. 320.