A Guide to Marine Insurances; Containing the Policies of the Principal Commercial Towns in the World

A Guide to Marine Insurances; Containing the Policies of the Principal Commercial Towns in the World : With the Details of Clauses Proper to Be Inserted Therein, in Order to Avoid the Inconveniences That Might Result from Particular Laws

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1834 edition. Excerpt: ...several other vessels ran foul of her. To prove that this was a stranding, it was contended that, though every touching of the ground could not be deemed a stranding, yet, a ship's taking the ground, and remaining there a considerable time, must necessarily be considered as a stranding, whether it proceeded from the violence of the wind, or from an accident, as in this case; for a stranding did not depend on the nature of the ground on which the vessel was cast, or the means by which she was thrown there, nor the length of time she remained in that sitnation. " On the other side, it was insisted that the memorandum would be of little use, and the situation of the insurer precarious indeed, if this could be considered as a stranding; that on the contrary, that only could be deemed a stranding within the meaning of the memorandum, where a ship was either cast on shore by the violence of the wind and waves, or run aground to avoid a greater danger. Lord Kenyon told the jury that, unskilled as he was in nautical affairs, he thought he could safely pronounce this to be no stranding. The jury were of this opinion, and found a. verdict for the defendant. " The foregoing decision seems scarcely to be reconciled with subsequent cases, the principle of which appears to be this. It is not merely touching or scraping the ground, or striking on a rock without remaining fixed for some space of time, that will constitute a stranding; but if the ship be forced aground, and remain for any time stationary, whether it be on piles, on the muddy bank of a river, or on rocks on the seashore, --provided there be a settlement of the ship so that the voyage is actually interrupted, --that is a stranding, without reference to the degree of damage...show more

Product details

  • Paperback | 54 pages
  • 189 x 246 x 3mm | 113g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236797558
  • 9781236797551