An iron steamer, while riding at anchor in an open roadstead, where she had been driven by distress, encountered some severe gales, in which she pitched and rolled a good deal, and some time afterwards, while still there waiting necessary repairs. A hole in her bottom was discovered which might have been repaired ; and there being also evidence that some of her rivets were wrenched and some of the iron plates on her bottom ‘ started ‘-injuries which might either have arlsen from straining in a storm, or from wear and tear and the assured having abandoned her and claimed as for a total loss, the underwriter paying into court a sum estimated only on a partial loss calculated on the cost of repair :–Held, 1. That the plaintiff could only recover for loss or injury proved to have been caused by perils of the seas. 2 That he could not recover as for a constructive total loss ; unless, under the circumstances, the captain was justified in abandonmg the ship 3. That this would depend, (1), upon whether the ship could and ought to be have been repaired where she was, or, (2), whether she could safely have been taken to some port where she might have been repaired 4. That the plaintiff could not recover for any injury caused by wear and tear, unless in consequence of the ship’s detention at the place in question by previous peril of the seas.
Citations:
[1862] EngR 104, (1862) 2 F and F 696, (1862) 175 ER 1245
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Transport
Updated: 02 May 2022; Ref: scu.286270