Partial Loss. - Meaning of the clause, 'Free from all Average, unless general, or the ship being stranded,'
Lutwich v. Gray
Date: 18 January 1755 Case No. No 26.
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In a shipwreck, part of the cargo being saved, was delivered to the owners for payment of the salvage. The proprietor of the ship claimed the freight of the goods saved pro rata itineris. The freighters admitted the claim; but insisted, that as the salvage was beneficial to him on account of his freight, as well as to them on account of their goods, he ought to pay a proportion of the salvage. Answered, The expense was laid out entirely in the recovery of the freighter's goods, and therefore they ought to be liable.——The Lords found, that the proprietor of the ship ought not to pay any proportion of the salvage.
