American-Hawaiian S. S. Co. v. Bennett & Goodall

Citations

• 207 F. 510
• 125 C.C.A. 172
• 1913 U.S. App. LEXIS 1641

Syllabus

<p>1. Shipping (§ 54*)—Charters—Limitation op Liability op Charterer.</p> <p>Where a vessel is insured by the owner, a charter of the same, which is a demise of the vessel, may lawfully limit the liability of the charterer to such loss or injury as is not covered by the policies of insurance, even though the vessel is without motive power and must be towed.</p> <p>[Ed. Note.—For other cases, see Shipping, Cent. Dig. §§ 219-221; Dec. Dig. § 54.*</p> <p>Liability for loss of or injuries to chartered vessel, see note to Salem Brick & Lumber Co. v. Donald & Taylor, 116 C. C. A. 508.]</p> <p>2. Insurance (§ 403*)—Cause op Loss—Marine Insurance—Negligence op Owner, Master, or Crew—“Perils op the Sea.”</p> <p>A policy of insurance against perils of the sea covers a loss by stranding Or collision although arising from the negligence of the insured or of the master or crew.</p> <p>[Ed. Note.—For other cases, see Insurance, Cent. Dig. § 1091; Dec. Dig. § 403.*</p> <p>For other definitions, see Words and Phrases, vol. 6, pp. 5295-5301.]</p> <p>3. Insurance (§ 403*)—Cause of Loss—Martxe Insurance—“Peril of the Sea.”</p> <p>The striking and stranding of a lighter while being towed in the usual manner In Napa creek, which is a tidal tributary of San Francisco Bay, was due to a peril of the sea within the terms of an insurance policy thereon.</p> <p>[ ICd. Note..—For other cases, see Insurance, Cent. Dig. § 1091; Dec. Dig. § 403.*</p>