122 F. 748 | U.S. Circuit Court for the District of Maine | 1903
(orally). In this case a cargo was insured from Calais to Philadelphia. It is claimed that the vessel was unseaworthy at the time the risk was to commence, and that, therefore, the risk never attached. The vessel during her voyage touched
It is claimed by the defense that the master of the vessel is the representative of the cargo. That is true to a limited extent; but he is not the representative of any cargo to the detriment or injury thereof, only for its benefit.
We are not required to extend the rule so far as to hold that the owner of a cargo can be prejudiced, as claimed by the defense, by any neglect or act, willful or otherwise, on the part of the inaster in intermediate ports. We accept for this case the rule as stated by Mr. Phillips, although we agree with him that it is not in harmony with the fundamental principles of marine insurance. He puts it in the following language: “The obligation still rests upon the assured to keep the vessel seaworthy, if it be practicable, so far as it depends on himself;” that is, of course, on himself individually, or on his agents. But that expression “himself” does not apply when the assured owns only the cargo, and the default, if there be one, is on the part of the owner of the vessel or her master.