Reports of Cases Decided in the High Court of Admiralty of England; And on Appeal to the Privy Council. 1859-1862
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. 1864 edition. Excerpt: ...enforced proceeding secundum allegata et probata; and afterwards in the Ann(b); on the ground that otherwise a party might be taken by surprise. Upon all these authorities we submit that the defendant in the Court below was not intitled to show negligence on the part of the salvors. Secondly.--The appellants contend that the negligence imputed to them is not sufficient to work a forfeiture of salvage reward. Salvage may be forfeited by wilful and gross misconduct, for instance embezzlement, as in the Blaireau(c); Dove and Cargo (d); or wilfully running of the ship on shore, Bella Corranes (e); Duke of Jllanchester (f); but misconduct of any lesser kind operates only to diminish salvage, Glascow Packet (_q), where the salvors having rendered good services were found to blame for not retiring from the ship at the direction of the owners, and the Dantzic Packet (It), a similar case; Dosseitei (2'), where the salvors brought the ship unnecessarily, but only carelessly, in danger before they completed their services. In the Cape Packet (11), the salvors, having successfully conducted a derelict vessel for three days, improperly navigated the vessel, whereby she struck on a rock and suffered great damages, but the Court awarded them 6001. The Judge, in summing up to the Trinity Masters, said (I), " When persons undertake to perform a salvage service, they are bound to exercise ordinary skill and ordinary prudence in the execution of the duty which they take upon themselves to perform. I do not mean to say that they must be finished navigators, but they must possess and exercise such a degree of prudence and skill as persons in their condition ordinarily do possess, and may fairly be expected to display. I need scarcely point out to you, ...
- Paperback | 284 pages
- 189 x 246 x 15mm | 513g
- 13 Sep 2013
- Illustrations, black and white