The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1847-04-06 00:00:00

ACTION UPON A POLICY OF INSURANCE.

WHITEWELL V. HARRISON, (S. J.) —ln this case
Messrs. Watson and Henderson appeared for the plain-
tiff; and Messrs. Martin and Crompton for the defen-
dant; and the declaration was upon a policy of an in-
surance of a vessel hence to Quebec and back. Mr.
Watson stated the case to the jury. The plaintiff, he
said, was the owner of a vessel called the Governor Hal-
kett, which, subsequent to the transaction forming the
subject of the present inquiry, was lost, and the action
had been brought against the defendant as underwriter
upon a policy of insurance which had been entered into
so far back as the Ist of April, 1845. The vessel in ques-
tion belonged to Mr. Whitwell, and was chartered on the
13th of March, 1845, to Rigby and Mercer, on a voyage
from Liverpool to Quebec, where she was to take in a
cargo of pine deal, with which to return to Wallasey
Pool. She proceeded to Quebec, leaded her cargo, and
left Quebec on the 19th of July. On the 26th of August
she made land. She had fallen in with bad weather, but
• ultimately, on the sth of September, arrived in the river
Mersey, and came up near to Wallasey Pool, having with
her a steam-tug and a pilot on board. When she came
up close to the pool, it was found that there was not suf-
ficient water to carry her over the mouth of the bar of
the pool, and she was directed to be brought up in the
neighbourhood of Seacombe, where part of her cargo was
discharged, with the view of ligtening her, in order to get
her into Wallasey Pool. On the 14th September it was
discovered that she had sustained very serious injury ; the
water had got into the vessel, her keel was out of the
water, she had parted from her cable, and had driven up-
on a bank. It would seem that he had either come upon
a rock, or pricked upon an anchor. Ultimately her rig-
ging was taken off, and on the 18th September, by the as-
sistance of two steam tugs, she was taken into Wallasey
Pool, where the residue of her cargo was discharged.
The defendant (remarked Mr. Watson) said that the
plaintiff had been damaged and injured by the perils of
the sea. The question would be, whether or not these
injuries had been sustained during the voyage, or when it
could be said the voyage had •terminated ; and the point
which the jury would have to decide was, whether or not
the vessel had arrived at her port of destination when she
was so damaged. By the charter and policy of insurance
Wallasey Pool was the place where the vessel was to be
discharged.
Captain Hillman, master of the vessel at the time of the
occurrence which gave rise to the present action, deposed
to the facts relative to the matter ; and Mr. Joseph Cooke,
superintendent of pilots, spoke to the situation in which
the vessel was lying in the Mersey, and deposed that, in
his opinion, the captain, under the circumstances, had
acted judiciously in taking his vessel to the place in the
river where he had done, and discharging part of her cargo.
This closed the case for the plaintiff, and it being now
half-past five o'clock, his lordship adjourned the case
until two o'clock the following day, and the court then
rose.

• NISI PRIUS COURT.—FRIDAY.
This day being Good Friday, the court did not open till
tn:o o'clock.

WHITWELL V. HARRISON.
This case, which had been adjourned from the preceding
day, was proceeded with, and Mr. Martin addressed the
jury at considerable length.
The JUDGE laid down the law briefly to be this—that as
soon as the vessel reached Wallasey-pool, in the Mcrsey,
and was moored there for twenty-four hours, and dis-
charged a part of its cargo, the liability of the underwriters
ceased ; and that that ceased whether or. not the captain
intended to proceed further up Wallasey-pool, there to
dischar..e the remainder of his cargo. Tim lu returned
a verdict for the defendant.