United States Supreme Court Cases & Opinions

U.S. Supreme Court

Barnard v. Adams, 51 U.S. 10 How. 270 270 (1850)

Barnard v. Adams

51 U.S. (10 How.) 270

Syllabus

It was a proper case for contribution in general average for the loss of a vessel where there was an imminent peril of being driven on a rocky and dangerous part of the coast when the vessel would have been inevitably wrecked, with loss of ship, cargo, and crew, and this immediate peril was avoided by voluntarily stranding the vessel on a less rocky and dangerous part of the coast, whereby the cargo and crew were saved uninjured.

The cases upon this subject examined.

Where the cargo was taken out of the stranded vessel, placed in another one, and the voyage thus continued to the home port, the contribution should be assessed on the value of the cargo at the home port.

The crew were entitled to wages after the ship was stranded, while they were employed in the saving of the cargo.

A commission of two and one-half percent was properly allowed for collecting the general average. It rests upon the usage and custom of merchants and average brokers.

The defendants in error brought an action in the court below to recover contribution in general average, on account of the alleged voluntary stranding of the ship Brutus owned by them, from the plaintiffs in error, as owners of twenty bales of nutria skins, which formed a part of her cargo at the time of the stranding.

The facts are minutely stated in the opinion of the Court.

Page 51 U. S. 299