Aktieselskabet Cuzco v. The Sucarseco, 294 U.S. 394 (1935)

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Aktieselskabet Cuzco v. The Sucarseco

No. 524

Argued February 14, 1935
Decided March 4, 1935
294 U.S. 394

CERTIORARI TO THE CIRCUIT COURT OF APPEALS

FOR THE SECOND CIRCUIT

Syllabus

1. The essential condition of general average are a common, imminent peril and a voluntary sacrifice, or extraordinary expense necessarily made or incurred, to avert the peril, with a resulting common benefit to the adventure. The sacrifice or expense fall upon the whole adventure, and are assessed in proportion to the share of each in the adventure. P. 401.

2. Cargo owners who, under § 3 of the Harter Act and a "Jason clause" in the shipping contract, have contributed in general average to expenses of a general average nature made necessary by a collision caused by faulty navigation of two vessels, the one carrying their goods and another, are entitled in their own right to recover the amount of such contributions from the noncarrying vessel as damages resulting to them directly from the tort, and this notwithstanding that one-half of the burden of such recovery will fall upon the carrying vessel in the division of liability between it and the noncarrying vessel. P. 403.

72 F.2d 690 affirmed.

Certiorari, 293 U.S. 552, to review a decree of the Circuit Court of Appeals reversing the District Court in a litigation in admiralty resulting from a collision between two vessels. The only question presented here was whether the cargo owners, who had made contributions in general average with the vessel on which their goods were carried, were entitled to recover the amount from the noncarrying vessel. The carrying vessel, being bound to share with the other the liability for the tort, resisted this claim of cargo.