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Average

The Cyclopedic Law Dictionary · Walter A. Shumaker and George Foster Longsdorf; ed. James C. Cahill · 1922

The Cyclopedic Law Dictionary

In marine Insurance. Loss or damage to a part of the vessel or cargo insured. The contribution due from one owner to another, on a partial loss. General Average. General (also called "gross") average consists of expense pui^ posely incurred, sacrifice made, or damage sustained for the common safety of the vessel, freight, and cargo, or the two of them, at risk, and is to be contributed for by the several interests in the proportion of their respective values exposed to the common danger, and ultimately surviving, including the amount of expense, sacrifice or damage so incurred in the contributory value. 2 Phil. Ins. § 1269 et seq.; and see 2 Curt. C. C. (U. S.) 59; 9 Gush. (Mass.) 415; 93 Ky. 102; 5 Ohio, 307; 3 Wall. (U. S.) 370; 3 Kent, Comm. 232.

Particular Average

Particular aveD age (also called "partial loss") is an accidental loss on the ship, cargo, or freight, to be borne by the owner of the subject on which it happens, and is so called in distinction from general average, and, if not total, it is also called a partial loss.

2 Phil. Ins. c. 16; 3 Bosw. (N. Y.) 395; 4 B. Men. (Ky.) 164.

AVERIA (Lat.) Cattle; working cattle. Averia carucae (draft cattle) are exempt from distress.

3 Bl. Comm. 9; 4 Term R.