Page:Federal Reporter, 1st Series, Volume 6.djvu/640

 623 FEDERAL fiSPOBTEB. �The Schooner May & Eva. �{District Court, D. New Jersey. AprU 8, 1881.) �1 JbTTISON — AVBBAGB CoNTBIBtTTION— DbOK LOAD. �If a deck load is jettiaoned for the common beneflt, the owners are entitled to a general average contribution for the loss sustained, al- though the shipper and master both agreed that the cargo should be carried on deck. �In Admiralty. Libel in rem. �H. G. Ward, for libellants. �Henry B. Edmunds, for respondents. �Nixon, D. J. The libellants in this case were the owners of a cargo of iron pipes, shipped on board of the schooner May & Eva, at MOI ville, New Jersey, on the fourteenth day of October, 1879, for which the master signed two bills of lading in precisely similar terms or import ; one for 31 tons, to be delivered in the city of New York, and the other for 68 tons, to be delivered at the United States military academy at West Point, in the state of New York. These bills of lad- ing, signed by the tnaster, stato that the said cargo Was to be carried in and upon the said schooner. In the course of the voyage the vessel encounteted very tempestuous weather, which endangered the safety of herself and cargo, and the master threw overboard from the deck load 28 of the irou pipes, valued at $228.37. �The libel is tiled by the owners of the cargo thus jettisoned against the vessel, her freight, and remaining cargo, for a gen- erai average contribution for the loss thus sustained for the common benefit, and claims for the owners such amounts of money respectively as their values bear in proportion to the value of the cargo sacrifioed, and avers that upon a proper adjustment of the general average the sum due from the ves- sel is $177.29, and for the freights ^3.75. �The answer put in by the respondents denies none of the material allegations of the libel, but submits that on the facts stated the libellants are not entitled to a deoree, for the reason that they participated in and assented to the stowing ��� �