Schroeder v. Schweizer Lloyd Transp. Versicherung's Gesellschaft

Citations

• 66 Cal. 294
• 5 P. 478
• 1885 Cal. LEXIS 416

Syllabus

<p>Marine Insurance—Implied Warranty— Deviation—Discharge of Insurer.—A policy of marine insurance implies a warranty that the vessel shall not deviate from the voyage declared in the policy. Any voluntary deviation is a change of the risk, and a departure from the contract, the legal effect of which is to discharge the insurers from liability for any loss happening to the thing insured subsequently to the unauthorized deviation.</p> <p>Common Carriers — Bill of Lading—Transhipment—Consent of Consignor. —A provision in a bill of lading reserving the right to the carrier to tranship at an intermediate port, is not binding on the consignor, unless he expresséd his assent thereto by signing the bill of lading.</p> <p>Marine Insurance—Transhipment—Deviation—Bm, of Lading.—The defendant insured certain wheat for the plaintiffs on the steamer Colorado, for a voyage from San Erancisco, by way of Yokohama, to Hong Kong, and thence by the usual connections to Batavia. It was the usual practice to carry cargoes to Hong Kong without transhipment at Yokohama, or connecting for that purpose with any other vessel at the last named port. At Yokohama, the wheat in question was transhipped to other vessels, and carried to Hong Kong where it was stored in a warehouse to await connections for Batavia. Meld, that the transhipment at Yokohama was a deviation from the policy, and released the insurer from liability for the subsequent loss, although the bill of lading, the form of which was well known to the defendant, contained a provision authorizing a transhipment at Yokohama, no evidence being offered that such transhipment 'had ever before been made by the carrier.</p>