Louisiana Reports; Cases Argued and Determined in the Supreme Court of Louisiana Volume 49

Louisiana Reports; Cases Argued and Determined in the Supreme Court of Louisiana Volume 49

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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. 1845 edition. Excerpt: ... proximate cause. The court say: " If the Emulous had been stranded and wrecked in the port of Savannah, while detained there under the embargo, the insurers would have been liable for the loss; but not upon the averment of a loss by detention; although it might be argued that it was entirely the consequence of the detention, and that, but for the embargo, the peril, by which the ship had been lost, would not have been incurred. In every question of loss demanded upon a policy of insurance, it is the immediate and direct, not the remote or contingent cause of the loss, which is to be regarded, in stating and maintaining the title of the assured to recover upon the contract." In Hodgson v. Malcolm, (2 Bosanquet dc Puller's New Reports, p. 236' the plaintiff declared for a loss by the perils of the sea. As they were warping the ship into port, a part of the crew were sent ashore in the only boat of the ship, to make fast one line and cast off another. The men were instantly impressed by the king's officer, and were prevented from performing their duty, whereby the ship sprung aleak, immediately grounded, and otherwise suffered heavy damage. The underwriters contended that the acts of the press gang in seizing the sailors, was the cause of the loss, and being an act of the public authorities, they were not liable. But the court said: " T he press gang is not the necessary cause of the loss; for, supposing all hands to be taken out of a ship at sea, still the ship might be picked up and saved. An act of that kind, there fore, is not the inevitable cause of the loss." In that case, the force exerted upon the crew, was instantly followed by the damage. Yet was the force considered the remote cause, and...
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Product details

  • Paperback | 242 pages
  • 189 x 246 x 13mm | 440g
  • United States
  • English
  • black & white illustrations
  • 123695176X
  • 9781236951762