Scottish Court of Session Decisions

Subject_1 INSURANCE.
Subject_2 DIVISION II.

Average.
Subject_3 SECT. I.

Partial Loss. - Meaning of the clause, 'Free from all Average, unless general, or the ship being stranded,'

Lutwich
v.
Gray

Date: 18 January 1755
Case No. No 26.

Click here to view a pdf copy of this documet : PDF Copy

In a shipwreck, part of the cargo being saved, was delivered to the owners for payment of the salvage. The proprietor of the ship claimed the freight of the goods saved pro rata itineris. The freighters admitted the claim; but insisted, that as the salvage was beneficial to him on account of his freight, as well as to them on account of their goods, he ought to pay a proportion of the salvage. Answered, The expense was laid out entirely in the recovery of the freighter's goods, and therefore they ought to be liable.——The Lords found, that the proprietor of the ship ought not to pay any proportion of the salvage.

Fol. Dic. v. 3. p. 334.