Charles Evans Hughes

“ The instant case is one of stranding, a sea peril insured against, and we think that the well-settled doctrine of proximate cause meaning the real efficient cause of the loss, requires the conclusion that, upon the assumptions of fact we stated at the outset, the loss of the cargo was within the general coverage clause of the policy. ”

“ The court said that 'All authorities agree that a protracted voyage is not a sea peril, within a marine policy, because it is not an unusual event, but one of the natural incidents to sea transit'; that the evidence was conflicting 'as to the proximate cause for the condition of the cargo upon its arrival'; that the associates, who in this case had insured each other and to whom it was agreed that the question of liability should be submitted, were men of large experience in burning and shipping lime ”

“ The court considered it to be well settled that if an article insured as free from average be 'placed in such a condition, that in consequence of inevitable deterioration or decay, it cannot be carried to the port of destination, but will necessarily, before the completion of the voyage, be wholly destroyed, and it is accordingly sold, at an intermediate port,' this would constitute a total loss within the meaning of the policy. ”

“ For the purpose of such repairs it was necessary to remove the fruit, and such removal necessarily caused damage to it. The agent, however, which proximately caused the damage to the fruit was the handling, though no doubt the cause of the handling was the repairs, and the cause of the repairs was the collision. According to the English law of marine insurance only the last cause can be regarded. There is nothing in the policy to say that the underwriters will be liable for loss occasioned by that. ”

“ In considering these contentions, we start with the fact that the vessel, while proceeding up Chesapeake Bay, stranded. That is alleged and conceded. Stranding is a peril of the sea. Liverpool & Great Western Steam Co. v. Phenix Insurance Co., 129 U.S. 397, 438, 9 S.Ct. 469, 32 L.Ed. 788; Richelieu & Ontario Navigation Company v. Boston Marine Insurance Co., 136 U.S. 408, 421, 10 S.Ct. 934, 34 L.Ed. 398; Arnould on Marine Insurance, 11th ed., § 816; Winter on Marine Insurance, 2d Ed., p. 156. Loss through stranding was within the coverage of the policy. ”