Two steamships belonging to the same owner came into collision. One was sunk, the fault being solely attributable to the other. In a petition, brought under the Merchant Shipping Acts 1854 and 1862, for a limitation of the liability of the petitioner qua owner of the offending vessel, and for a ranking of claimants upon the fund- held ( rev. the Court of Session) that the right of the underwriters on a total loss was merely to make such claim of damages as the insured himself could have made, and that if the person insured, as in this case, caused the damage, a claim by the underwriters was not maintainable.
Judges:
Lord Chancellor, Lord Penzance, Lord Blackburn, and Lord Gordon
Citations:
[1878] UKHL 293, 15 SLR 293
Links:
Jurisdiction:
Scotland
Transport
Updated: 08 October 2022; Ref: scu.646315
