Cases Argued and Adjudged in the Supreme Court of the United States (Volume 23) (Paperback)

Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: Syllabus. precaatiou begun to the moment when every opportunity to avoid tha danger ceased. Precautions mast be seasonable in order to be effectual, and if they are not so and a collision ensues in consequence of the delay, it is no defence to allege and prove that nothing could be done at the moment to prevent the disaster, or to allege and prove that the necessity for precautionary measures was not perceived until it was too late to render them availing. Inability to avoid a collision usually exists at the moment it occurs, but it is generally an easy matter, as in this case, to trace the cause to some antecedent omission of duty on the part of one or both of the colliding vessels. Plainly both were in fault in this case in that they continued to advance under headway in a dark night, when those in charge of them knew that there was imminent danger that they would collide. Both vessels having been in fault the rule is that the damages should be divided between the offending vessels. Decree Reversed, with costs in this court, and the cause is Remanded with directions to divide the damages found in the District Court, together with the costs in both of the subordinate courts. Reversal And Remand Accordinoi.t. Insurance Company v. Young's Administrator., of San Francisco, aged twenty-six, applied, on the 5th of June, 1867, to the agent there of a New York life insurance company to insure his life, the money to be payable "at forty-five, or death," and the policy to take effect from date of the application. The agent acknowledged the receipt of $99.30 us the first quarterly premium, with a proviso that "said application shall be accepted by the company: but should the same be declined or rejected by said company, then the full amount paid by A. will be returned to...