The British Press; or, Morning Literary Advertiser.
London, England, 1824-04-26 00:00:00

CAMIIIIIDGE V. •NDERSOM.

This was an action 0.1 • policy of insurance on the ship Cam.
mem at and from Quebec to ltristoL The plainuf went km ato
loss by perils of the sea. The vessel in question of which the
pLdtttiff wits 011/1111, toOk in a cargo ailed:ice at (luebec in June
let:, sad stilled on the U. hel July on her voyage to Bristol. At the
cheater of Lid miles Item Quebec. her pilot left her at the usual
pkgs. In the River St. I.llv/fence. Next day the weather beam.
tog foggy, and continuing so lot twenty-four hours, so as to render
It impossible for the crew to ace where they were, the vessel strand-
ed on a shoal about two hundred fathoms from the land ; and a
heavy sea coming iso, she became fixed amongst the rocks, and
completely unseaworthy. At this sot, the Liver Sc. Lawrence was
at Most 46 miles in width. When the weather cleared up, the Cap.
tate saw his perilous situation, and, upon an inspection of the ves-
sel, it was the opinion of himself and crew, that it, was intim,.
stable to proceed on the voyage. Every means were resorted to for
the purpose of righting the vessel, but she became inimovable—her
plinks tore and aft yawned, and each end of the vessel had a ere.
endows motion as if broken, whilst the centre hogged, end cc.
mama? heed amongst the rocks. The boats were manned tor
the purpose of seeking some assistance. The adjacent country
lopped an Impervious mass of timber to the water's edge, and the
I,reepect of immediate help was hopeless. Returning up the river
le One of the boats, the Captain, at the distance of seven miles,
Sound means of hiring a schooner for the purpose of saving the
etilp's materials, and carrying them back to Quebec. whilst he I -
seh primeeled in an open boat to that city, wch a view of consulting
elii consignors of the cargo about what was bast to be done. Ile re.
presented to them the deplorable state of the vessel; consulted with
I,„Aoyd's agent, and, in the result, it was determined that a survey
diesl.l be. made. The agent for Lloyd's mimed three surveyors,
nth, went down to the vessel : alter making their survey, they were
ot option that she amid not be repaired fur less than 3,1111101.,
which was more than she was worth. Under thise circumstances,
thc Captain, who was at that time ignorant that his owners had In.
i tsst, resolved, as the beat course to be adopted, to sell the ship
44 cargo fur the best price. After considerable difficulty the vest-
ed was mink to Boat, and brought hack to Quebec, where, alter the
este sters to advertise belt g taken, the was sold by auction at the
evtee..of 1301. native currency. The purchaser was a ship-builder,
we- , after spending about 1,0001. in partial repairs, sent her to sea
311 NOVCIIIAtt with a (-ago; but she never could get out of toe
of st. Isaweence, tool WAN in fact, run ashore at Pliace
hiairct's fallout to avoid foundering. The l'aptain, mate, ship's '
astrater„ and a seamen, alto had been employed at very high
wags* to go on Leant in the Kemal attempt to perform the voyage;
gave it as their opinion that it would cost at least as much to repair
the send as to botld a new une. Under these circuities:wee die
pretest action was brought; end the question was, wlmther the'
plamtifr could recover for a total loss, with benefit of selvage, ow
tab for an average loss.
Mr. Scarlet, Mr. Marryatt, and Mr. Platt, contended that the I
pleutilr was venial to recover ter a total loss, with benefit of
savage, inasmuch as use vessel was to all intents and purposes
is:Meted unable to proceed on her voyage by a pail of theses.
The Arc 01INET•til:Nta•L and Alr. POLLOCK, contra,
insisted that this was only an average lota, and the ship having re-
it.eined to specie as a ship, after the accident had happened, the
1.41411i1l was bound to hare her cosnpletely repaired at the expense I
of Inver owners, ant proceed on the voyage.
The 'Amu Ceuta JusTicc, in his charge to the Jury, said
that the question invoked in the cause was one of very
.greit Mt
-
parlance to shipowners, and he could wish to have it put 111 a shape
fee solemn delibera:ton. if the Jury, however, were of opinion'
chit the ship could not
.proceed on her voyage at all, or that she
email nut be ri paired 110110 M incurring an expense at least equal to
her value, then he should hold, in point or law (although she es.
meted in the forum of a and was afterwards sold with tier ie.
et.e.,4), that the planitif wai entitled to elvea . as for a total loss,
with henelit of siding: to the underwriters; and that his claim
wte!:! test cull' Ii11.1:4•0 to all average loss.
Toe Jury, he their s,rtlict, tnund the affirmative of the proposi-
tion re to them by the Learned Judge; and, therefure, the plaid-
esti hail damage% to dm amount of Three Iluodred soil r tiny
PO4lllllll I,:iog for ato al has, at the rate of eigfity-five per cent. out
the dt ferMeot',Nulo,..niptum.