Hobson v. Lord - 92 U.S. 397 (1875)


U.S. Supreme Court

Hobson v. Lord, 92 U.S. 397 (1875)

Hobson v. Lord

92 U.S. 397

Syllabus

A vessel bound to the United States, having loaded at one of the Guano Islands where clearances were not granted, was on her way to Callao for one when she was badly injured by a collision with another vessel. Proceeding in distress to that, the nearest port, she came to anchor at the anchorage of vessels calling at that port for clearances. A survey revealed the fact

Page 92 U. S. 398

that her damaged condition was such as to require her to be unladen and extensively repaired before prosecuting her voyage. She was therefore removed to a hulk nearer the pier, where most of her cargo was discharged, and thence to a dock for repairs. After they were finished, she was with reasonable dispatch reloaded, and completed her voyage. Before the delivery of her cargo, the consignees gave an average bond whereby they agreed to pay the owner of the ship their respective proportions of the expenses and charges incurred by him in consequence of such collision, as soon as the average should be adjusted conformably to law and the usages of the port of New York. Held that as the services of her crew were necessary for her preservation and safety in hauling her to and from the hulk for unloading and reloading, and in moving her while in dock undergoing repairs, their wages and provisions during the time they were so employed were properly allowed in general average. Held further that an adjustment of the amount paid for the services, board, traveling and incidental expenses of an agent sent by the owner of the strip, in good faith, to Callao to advise and assist the master, for the benefit of the ship and cargo, having been made in conformity with the usage of the port of New York, the charge was properly allowed.

The facts and the assignment of errors are stated in the opinion of the court.

Page 92 U. S. 399



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