Flint v. Christall

This case comes here on a certificate from the United States circuit court of appeals for the Second circuit.

The facts out of which the question arises are as follows:

On November 9, 1895, the British steamship Irrawaddy, upon a voyage from Trinidad to New York, with cargo, stranded on the coast of New Jersey through the negligent navigation of her master. Up to the time of stranding, she was properly manned, equipped, and supplied, and was seaworthy.

The vessel was relieved from the strand November 20th, as the result of sacrifices by jettison of a portion of her cargo, of sacrifices and losses voluntarily made or incurred by the ship owners through the master and through the services of salvors.

The Irrawaddy then completed her voyage, and made delivery of the remainder of her cargo to the consignees in New York on their executing an average bond for the payment of losses and expenses which should appear to be due from them, provided they were stated and apportioned by the adjusters 'in accordance with established usages and laws in similar cases.'

An adjustment was afterwards made in New York, which allowed in the general average account the compensation of the salvors, the sacrifices of cargo, and the losses and sacrifices of the ship owner.

The respondents thereupon paid $4,483.64, which was their full assessment, except the sum of $508.29, charged against them in respect of sacrifices of the ship owner, which they refused to pay.

The district court made a decree in favor of the libelat s, from which decree the respondents duly appealed to this court.

Upon these facts, the court desires instruction upon the following question of law, namely:

If a vessel, seaworthy at the beginning of the voyage, is afterwards stranded by the negligence of her master, has the ship owner, who has exercised due diligence to make his vessel in all respects seaworthy, properly manned, equipped, and supplied, under the provisions of section 3 of the act of February 13, 1895, a right to general average contribution for sacrifices made and suffered by him subsequent to the stranding, in successful efforts to save vessel, freight, and cargo?

Wilhelmus Mynderse and James C. Carter, for appellants.

Harrington Putnam, for appellees.

Mr. Justice SHIRAS, after stating the facts in the foregoing language, delivered the opinion of the court.