Pacific Freighters Co. v. St. Paul Fire & Marine Ins.

Appellee, who was liable in general average for the amount due, if any, from the underdeck cargo on board the schooner “Rosamond”, brought suit against appellant, who was the owner of the schooner, to recover an amount allegedly due in general average, and obtained the decree from which this appeal was taken.

Appellant was the owner of the schooner “Rosamond” and chartered her to Comyn, Mackall & Co., the charter providing for the carriage of a full cargo of lumber from Port Blakeley, Washington to Cape Town, .South Africa, freight to be considered earned, vessel or cargo lost at any stage of the voyage, and general average, if any, to be payable under the York-Antwerp Rules of 1890. Rule I of such rules provides: “No jettison of deck cargo shall be made good as general average”. The charterer shipped the cargo of lumber, paid the freight, took bills of lading which provided for general average under the York-Antwerp Rules of 1890, sold the cargo to Smith, Kirkpatrick & Co., appellee’s assignor.

The vessel embarked, and on March 27, 1920, encountered heavy weather which damaged the vessel, causing the master thereof to change course and seek a port of refuge for the safety of…