Goodwillie v. McCarthy

Citations

• 45 Ill. 186

Syllabus

<p>1. Agency—whan a master of a vessel becomes the agent of both its owner and the ownw of the ca/rgo. Where a disaster happens at sea, the master of the vessel, from necessity, becomes the agent of all persons interested in the vessel and its cargo, so far as it may be necessary to secure their safety.</p> <p>3. Same—when action of agent cannot be questioned. And in such case, where the property has been saved, and is liable for contribution in general average for expenses incurred, although at great cost, the question is not whether it might not have been preserved at a less expense had the master pursued a different course, by separating the vessel from its cargo, but is, whether the expenses incurred resulted in their common safety and were made for their common benefit.</p> <p>3. Same—maste/r must act in good faith. But the master must act in good faith, without the intent to sacrifice the interest of any person interested for that of another, that the doctrine of general average may apply equally to all, and no one be permitted to derive an equal benefit, at a less expense, than his fellows.</p> <p>4. Cargo — when liable to contribution in general amerage. Where a vessel meets with a disaster at sea, and the master, in good faith, acting for the common benefit of all concerned, and without intent to sacrifice the interest of any party interested in the vessel or its cargo for that of another, secures the safety of the whole, and «thereby incurs great expense, the owner of the cargo is liable to contribution in general average for such expenses, without regard to the question whether such expenses might not have been lessened, had the cargo been separated from the vessel.</p>