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Stranding

A Dictionary of Law · William C. Anderson · 1889

A Dictionary of Law

The striking of a vessel upon a rock, bank, reef, or the like.s To constitute a " voluntary " stranding it is not necessary that there should have been a previous intention to injure the vessel, nor is that supposed to exist. It is sufficient that the vessel was selected to suffer the common peril instead of the whole of the associated risks, in order that the rest might be saved. A stranding is voluntary whenever the will of man in some degree contributes thereto, though existence of the particular reef or bank was not before known to the master, and though he did not intend to strand the vessel thereon; provided it sufficiently appears that in 1 See Life of Story; 13 Alb. Law J. 90-92 (1876); Am erican Cyclopaedia; 6 Am. Law Mag. 841; 1 U. S. Jur. 90, 102. » [Harris v. Tumbridge, 83 N. Y. 95 (1880), Finch, J. s Strong V. Sun Mut. Ins. Co., 31 N. Y. 106 (1865), Denio, C. J.; 13 Ohio, 60; 4 M. & S. 505: 1 Camp. 131; exposing the vessel he was aware that stranding was the chief I'isk incurred, and that it was not wholly unexpected by him. I