The Sun.
London, England, 1822-01-07 00:00:00

DIXON V. IIEID.

This was an action on a policy of insurance upon a vesse
called the Governor Milne, at and from London to Sierra
Leone. The vessel sailed from London in Oct. 1819, with a
cargo of bricks, &c. fit for the AfriCan coast ; she arrived at
Sierra Leone on the last day of the year, and her commander,
Mercer, proceeded to dispose of her cargo, and take in a cargo
for England. This return cargo- consisted of African woods,
and having completed her I+ding, she fell down the river into
the offing, preparatory to sailing for England, the latter end
of March. The crew consisted of the master (Mercer) and 19
men, and they also took on board six invalids from the Myrmi-
don. Whilst at Sierra Leone, the first and second mates left
the vessel, and the Captain took; two men, named Paddon and
Holyoak, on hoard, to supply their places; they then sailed
for England ; but after about three'-day's sailing, with light
airs, the Captain (Mercer) quitted the vessel, to return to
Sierra Leone, alledging,,as his reason for doing so, that he had
not disposed of the whole of his outward-bound cargo; he
would therefore remain behind to effect that, and return by
another vessel. The Governor Milne continued her voyage,
the command of the vessel devolving on Paddon. After a short
time had elapsed Paddon died, and the second Mate, Holyciak,
then assumed the command. When they quitted Sierra Leone,
they took in a supply of water and provisions sufficient for 14
weeks ; but, in the course of their voyage, after the death of Pad-
don, the carpenter, Rogers observed, that several of the water
casks had been broached, and that the bungs were out of others.
Roberts represented to Holyoak that this waste of water was
highly improper, and the reply was, " What business was it of
his, the water was for the use of the crew, and they must have it as
long as it lasted." Thus things went on till the Bth of April,
on which day a survey of the state of the water and provisions
took place, and it was ascertained that the water was so short,
that it would be impossible they could reach England, • and it
was determined to make for Barbadoes ; they arrived there in
due course ; and the vesscl, on being submitted to the usual
inspection, appeared to be in such a state as to be unfit for sea,
and she was condemned, and her cargo disposed of in various
ways, at considerable loss; and to recover this loss the present
action was brought.

The defendants resisted payment, on the ground that at the
time the vessel left Sierra Leone she was in a state of rapid
decay, and by no means sea-worthy ; and further, that at the
time the vessel deviated from her course to go to Barbadoes,
she was at such a distance from that island, that she might have
reached England with as much ease as she reached that island.
To prove her unworthiness, the defendant called Mr.
Fletcher; Lieut. Peake, of his ;Majesty's frigate Euryalis ; Mr:
Thacker, the master of that vessel; and Capt. Compton, the
master of a trading vessel ; all these persons signed the survey,
as drawn up, representing the timbers of the vessel, her bow-
frame, upper and lower decktimbers, &c. as being in a state of
entire decay ; their evidence now went no furthur than to prove
that the bow-frame was to a certain extent defective ; that her
breast-plates were partly decayed, and her lower deck-beams
two or three of them broken and decayed at the ends.
The CHIEF JUSTICE strongly recommended to the witnes-
ses to be careful in future not to sign and survey till they
had carefully read it over, and foam' it to contain their opinions
correctly stated.

Mr. SCARLETT replied, and commented on the exaggerated
statement contained in the survey, which he said had operated
now with the witnesses in the testimony they had this day
given ; and he was persuaded, if these Gentlemen had not been
to-day shackled by what they had formerly inadvertently signed,
their evidence would have been much more favourable for the
vessel than it had been.

The CHIEF JUSTICE, in summing up,again adverted to the
little caution used by persons signing surreys ; expressing a
hope, that in future, more consideration would be given to this
subject. The question, in this case, his Lordship left to the
Jury.
The Jury retired for a short time, and returned with a ver-
dict for the plaintiff: Damages, 2001.