The Sun.
London, England, 1810-08-04 00:00:00

GAIRDNER V. SENIIOUSE.

This was an anion brought to recover damages
on a policy of insurance. The cause had been
tried last term, and a verdict given for the plaintiff,
with leave ,to move for a new trial. The policy was
on the ship Good Hope, bound on a trading voyage
from London to Trinidad—and from thence to
all or any of the ports of "discharge on the Spanish
Main; with liberty of calling at any of the British
settlements or islands, in the course of her voyage

to the Spanish Maini with the exception of Jaimaics
kind St:Dothingo.. '
T,lte vessel, it appeared, had
,gone to Demarara,
and from thence to Mdrtinico: ;fruit the latter
island she sailed for •St. Thomas's,. where she .06
lost on the Anegada Reef. The policy had been
laid "before some ,Iti:.,;11 Lew Authorities, since the
last trial, ;and they !al •decided, that. " tie libertY,
of calling at the sriti,li Settlements and Islands:
only . relajed to such. Settlements and Islands
as lay in their direct course The Whole quo`'
lion, therefOre, was, Whether St. Thotnas's Cook'
be considered .as lying in the directand ~eatrinl-
ike course of a vessel -bound to the X estern Fart
',of the Spanish 11/Ittin ? To asceintiu this
.factl
three Captains, wile had been Many years in tl'e
West India trade, were examined., Two of ttou
stated, that St. Thomas's was Certainly considertci
04t.0f the way of the dired voyage ; the third did
not 'conceive that it was a deviation so great as big
brother Captains seemed to think : they all, how'
ever agreed, that the voyage to the Western part (.4
the Spanish Main, -by St. Thomas's and the
other
-Island's, was much more secure than by going along
the Eastern shore of the Spanish Main ; becaOse, tit
the that instance, by sailing along. the Islands, the}'were sureot a steady wind ; while, in the secoolY
the were subtjed.to light variable winds and (mints.
,It was stated, on the part of the defendant, that
the bare exception of St. Domingo and Jamaica,
contained in the policy, sufficiently evinced 10
spirit in which the vessel was,.•l3nderrwitten• It
those who under-wrote her intended that the vet''
age should be along the Eastern- Coast of
.0°
Spanish Main to the, place of her destination,, tbc
mention of thoseTislands was.qttne unnecessary, .as, to
that case,the ship would have been at an innitense
lance front them—but, on. he other hand, they We"s
in a direct lisle with St. Thomas's, to w islattu
the vessel had sailed,

Lord Chief Ju,lice MANSFIELD observed , th3t,
When the cause was tried, in a former vrin, he Ida'
given the policy a greater latitude than he 1)04
thought it would bear. The hbetty of calling 45
evidently restricted to the islands in her &eat out-
ward-bound course. He had, at that time, als°
imagined, that St. Thomas's was not so far out of
the way of the regular voyage, as
.he now undo";
stood it to be. The plaintiff's witnesses, insteai
of proving that St. Thomas's was, in the dire course'
had deposed Oeti.ly to 'the contrary. The Jur'',
however, being conversant in matters of that nature,
would, no doubt, decide correctly.
'The Jury retired, and, atier half an hour's eon'
sideration, found for the plaintitf---Datria.;es/.
1871. ss. 3d.