Reports of Cases Relating to Maritime Law: Containing All the Decisions of the Courts of Law and Equity in the United Kingdom, and Selections from the More Important Decisions in the Colonies and the United States, Volume 3
H. Cox, 1878 - Law reports, digests, etc
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according action Admiralty advance agent agreed agreement alleged allowed amount answer appears apply arrived authority bave bill of lading bound brought called captain cargo carrier carry cause charge charter-party charterer circumstances claim collision common Company condition considered contract costs course court crew damage danger decision defendants delivered direct discharge duty effect entered entitled evidence fact freight further give given ground held intended interest judge judgment jurisdiction jury liable light loading London Lord loss March master meaning Merchant necessary notice officer opinion ordinary owner paid parties passed payment person plaintiff port present proceed proceeded question reason received recover referred respect risk rule salvage ship shipowner Solicitors steamer suit taken tion tons vessel voyage whole
Page 2 - Nothing in these rules shall exonerate any ship, or the owner, or master, or crew thereof, from the consequences of any neglect to carry lights or signals, or of any neglect to keep a proper look.out, or of the neglect of any precaution which may be required by the ordinary practice of seamen, or by the special circumstances of the case.
Page 3 - In obeying and construing these rules due regard must be had to all dangers of navigation ; and due regard must also be had to any special circumstances which may exist in any particular case rendering a departure from the above rules necessary in order to avoid immediate danger.
Page 167 - Court, as might properly have been granted against such person if he had been made a defendant to a cause duly instituted by the same defendant for the like purpose ; and every person served with any such notice shall thenceforth be deemed a party to such cause or matter, with the same rights in respect of his defence against such claim, as if he had been duly sued in the ordinary way by such defendant.
Page 108 - ... of the seas, men-ofwar, fire, enemies, pirates, rovers, thieves, jettisons, letters of mart and countermart, surpri.sals, takings at sea, arrests, restraints and detainments of all kings, princes, and people, of what nation, condition, or quality soever, barratry of the master and mariners, and of all other perils, losses, and misfortunes that have or shall come to the hurt, detriment, or damage of the said goods and merchandises and ship, &c., or any part thereof...
Page 206 - A common carrier is not liable for any accident as to which he can show that it is due to natural causes directly and exclusively, without human intervention, and that it could not have been prevented by any amount of foresight and pains and care reasonably to be expected from him.
Page 16 - ... to render to the other vessel, her master, crew, and passengers (if any) such assistance as may be practicable and as may be necessary in order to save them from any danger caused by the collision...
Page 283 - That no bill of sale, mortgage, hypothecation, or conveyance of any vessel, or part of any vessel of the United States, shall be valid against any person other than the grantor or mortgagor, his heirs and devisees, and persons having actual notice thereof; unless such bill of sale, mortgage, hypothecation, or conveyance, be recorded in the office of the Collector of the customs where such vessel is registered or enrolled...
Page 275 - Every steam ship, when approaching another ship so as to involve risk of collision, shall slacken her speed, or, if necessary, stop and reverse ; and every steam ship shall, when in a fog, go at a moderate speed.
Page 250 - Every such company as aforesaid shall be liable for the loss of or for any injury done to any horses, cattle, or other animals, or to any articles, goods, or things, in the receiving, forwarding, or delivering thereof, occasioned by the neglect or default of such company or its servants...
Page 129 - ... shall be presumed to be duly earning his wages, unless the contrary is shown to the satisfaction of the Court either by the official statement of the change in the crew caused by his absence made and signed by the master, as by this Act is required, or...