21 Tex. 383 | Tex. | 1858
This case was argued with great ingenuity ■and ability on behalf of the appellant; but we think the great weight of authority and the reason of the law so clearly with the decision of the Court below, as not to require an elaborate opinion. The general rule is indisputable and unquestioned, in the absence of any general usage or course of trade, that goods carried on deck and jettisoned, give no claim for
This at present appears to be the doctrine universally admitted by the commentators upon the law of shipping, to which we have had reference. It is approved by the recent case of" Sproat v. Donnell, decided by the Supreme Court of Maine, (26 Maine, 185,) which however appears to have been decided without reference to the English cases we have cited, and the notes of reference in the late editions of elementary treatises. And to whatever weight this decision may be entitled, we do not think it sufficient to overbear the great weight of authority to-the contrary, and the very satisfactory reasoning upon which the cases are decided. We think the law must be regarded as well settled in opposition to the case of Sproat v. Donnell. It. might be interesting to follow the very ingenious argument of" counsel through the cases cited to support the doctrine con
Judgment affirmed.