The Law Magazine, Or, Quarterly Review of Jurisprudence (Volume 31) (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1844. Excerpt: ... DIGEST OF CASES. COMMON LAW. t Comprising 2 Queen's Bench Reports, Part 4; 3 Queen's Bench Reports, Part J; 2 Gale & Davison, Part 6; 3 Gale & Davison, Part 1; 4 Manning & Granger, Parts 1, 2 & 3; 5 Scott's New Reports, Parts 4 & 5; 6 Scott's New Reports, Part 1; 11 Meeson and Welsby, Part 3; and Dowling's Practice Cases, New Series, Vol. II. Part 5, and Vol. III. Part 1;--all cases included in former digests being omitted. ACTION ON THE CASE. (For collision, damages in.) A vessel insured by a time policy started from Calcutta for England; while proceeding down the river Hooghly she sustained some damage by an accidental collision with a steam vessel, and after a few days was found to leak so much as to render it necessary to return. She underwent some repairs and was re-coppered, and again set sail for England; but she was again compelled to return, and was put into dock, her wales, &c. removed for the purpose of examining the state of her timbers, and was ultimately found so defective as to render it inexpedient to repair her, and consequently she was sold as she lay, for the purpose of being broken up. The plaintiff claimed for an average and also for a total loss. The jury negatived the latter, and as to the former, returned the following verdict: --" Verdict for the plaintiff on the first issue, sufficient not having been paid into Court to cover the expense of stripping off and replacing the copper, for all the repairs; and charges on both occasions of the return of the vessel to Calcutta actually incurred; and also what would have been necessary for replacing the wales, which we consider was the consequence of the collision." Held, that the plaintiff was not entitled to recover anything in respect of the replacing the wales, that expense not having ...