Important To Ship-owners

A case just decide:! by the English 'ourt of Appeal (Bcaramanga & ('o. igainst Stamp and another) is of interst and importance to snippers the vorld over. The decisión reached will e especially gratifying to American awyers. for the case, which was one of lie first impression in England, was ecided on principies already estabishéd in our courts, and, moreover, the jordChief Justice,in passing judgment, ;ook occasion to speak in fiattering erms of the American decisions. The uestion to be deciuedwas: what eftect o deviations from the regnlar route at ea, for the purpose of savinglife and ropert'y, bave upon responsibility for amages caused thereby i ín this case ship sailing on a charter met a disa)led steamer, and while towmgher into neighboring port for the ágreed sum of.. L1,000 got aground and was lost, with her cargo. The weather was fair, and the crew of the steamer could have saved their lives without much doubt and difflculty, if tlie steamer and cargo liad been abandoned. The insureis of the ship's cargo, having paid the loss. brought snit for reimbursement by the owners of the stranded ship, on the ground that the loss was attributable to the Bhip'a wrongful deviation frpm her course. Inpassing iudgementthe Lord Chief Justice (Sir A lexandcr Cockburn) said: "I am glad that . . . we have the assistance afforded to us by the decisions of the American Courts and the opinions of American jurists, which, though not binding upon us, are entitled to the mghest respect. The effect of these autborities is that a deviation for the purpose of saving life is protected, and mvolves neither l'orfeiture of the Insurance nor liability to the owner of the goods in respect of a loss otherwise attributable to the per; Is of the seas; and, as a consequence, a deyiation for the purpose of communicatï iiji with a sliip in distressis justifiable, as t may be neceasary for tlie purpose of saving life. Uut a de.viation for tlie purp)seof saving property Is not thus. privileged, but involves the usual consequenses of deviation, though wben the preservation of life can only be effected through theaavipg of. inoperty, with the bona iide purpose of saving life wbicb forms part of the motive, the privilege will not be displaced merely because there is saving of property . J f, however, the Uves can be saved without, then a deviation for the purpose of saving the ship is not jusüfled, and candes with it the consequences of deviation." At the first blush it muy lie seen that tliis rule unnecessarily adda to the dangers of property afloat by penalizing Captains for attempting it's reacue. But salvage is .1 sumciently substantial inducement to undertake the rescue, and if the Captain chooses to deviate from liis course to earn it - there being no duty in morality or lnimanity to save another's goods on the sea - lie thereby ends tlie contract between the freighter and underwriter, and it is but fair that he should assume the risks of the act which ends the original contract of insurance. The rule does occasionally créate liard cases, but it is the oniy practicable one.