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29 F. Cas. 1241

The Wiley Smith

U.S. District Court

Decided October 15, 1872

U.S. District Court · decided 1872-10-15

This was an action by the consignees of a ■quantity of satin wood and mahogany, to re-■eover for the failure of the brig to deliver part of it, in accordance with the bill of lading which she had given therefor.

Decided 1872-10-15

BLATCHFOBD, District Judge.

¶1The evidence satisfactorily show's, that the vessel was driven ashore by a peril of the sea, within the exception in the bill of lading, and that, in taking The measures he did to save vessel and cargo, including the throwing overboard of such cargo as was lost thereby, and in selling what was saved from the cargo, the master acted in good faith, and under a sufficient necessity, for the best interests of all concerned, and with reasonable discretion. The libellants must, therefore, fail in their claim on the bill of lading, but they are entitled to avail themselves of the offer in the answer, made by the claimants, to pay their contribution in general average.

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