Henry Billings Brown

Name: Ralli v. Troop/Dissent Brown — Dissent
Author: Henry Billings Brown

Summary

“Ralli v. Troop/Dissent Brown — Dissent”, is a work by Henry Billings Brown. It explores elements such as cargo, vessel and property.

Quotes from Ralli v. Troop/Dissent Brown — Dissent (Henry Billings Brown)

Henry Billings Brown, Ralli v. Troop/Dissent Brown — Dissent

“ I find myself unable to escape the conviction that a person who has lawful possession of a vessel, and exercises the authority of a master over it, either by appointment or consent of the owner or by operation of law, is to be considered the master pro hac vice, and competent to bind the vessel or her cargo by all acts without the scope of his apparent authority. ”

[↩︎]

Source: Wikisource

Henry Billings Brown, Ralli v. Troop/Dissent Brown — Dissent

“ If it be true, as assumed in the opinion of the court, that the right to a general average contribution arised, not from the contract of the parties, but from operation of law, and upon principles of natrual justice, it seems an anomaly to say that one who is in possession of the vessel by act of law is not in a position to make a sacrifice out of which a right of contribution shall arise. ”

[↩︎]

Source: Wikisource

Henry Billings Brown, Ralli v. Troop/Dissent Brown — Dissent

“ The opinion of the court tends, in every such emergency, to put the master and local authorities in antagonism, to give rise to unsemmly conflicts between them, and to prevent the master from availing himself of their superior facilities for extinguishing fires. It seems to me there is no distinction in principle between a sacriflice made by a master and one made by authority of law, provided the common safety of the ship and cargo be the object of their action. ”

[↩︎]

Source: Wikisource

Henry Billings Brown, Ralli v. Troop/Dissent Brown — Dissent

“ In saying that the sacrifice must have been made by the act of the master the law evidently intends not that the word 'master' shall be taken in its technical sense, but that the act must be that of one in authority, and must be the result of the judgment of some one competent to judge and with authority to act, as distingusihed from the hasty and arbitary or timorous action of the crew or of a passenger, who have no authority to bind the vessel. ”

[↩︎]

Source: Wikisource

Henry Billings Brown, Ralli v. Troop/Dissent Brown — Dissent

“ That damage done by pumping in water, or by scuttling and sinking the ship and extinguishing a fire, is a subject of general average contribution is now too well settled both in England n d in this country to be longer a question of dobut, although the practice was formerly the other way. There is no disagreement upon this point. That there must be a common danger in which ship, cargo, and crew all participate; that the sacrifice must be necessary, or at least made in the exercise of a reasonable judgment that it was necessary ”

[↩︎]

Source: Wikisource

Henry Billings Brown, Ralli v. Troop/Dissent Brown — Dissent

“ If, indeed, the fire does not endanger the property of others, he may act merely as the agent of the owner; but, if the safety of othe property is imperiled, he must act under his public responsibunty.' While this case is distinguishable from the one under consideration in the particular above stated, its general statements have not escaped criticism. ”

[↩︎]

Source: Wikisource

Henry Billings Brown, Ralli v. Troop/Dissent Brown — Dissent

“ Justice Field said 'that it was necessary to do what he [the chief engineer] did, not only for the purpose of saving the ship and cargo, but for preventing the spread of the fire to buildings and other property in the city. * * * No one has a right to have his property burn, if thereby the property of others is endangered. * * * In taking possession of property for the purpose of extinguishing a fire that threatens to spread to other property, the chief engineer does not act as agent of the owner, but under a paramount right. ”

[↩︎]

Source: Wikisource

Henry Billings Brown, Ralli v. Troop/Dissent Brown — Dissent

“ It may be true that the facts here stated, not being incorporated in the findings, are not such as can be considered by us upon appeal to this court; but, speaking for myself, I think the case should have been remanded for a further finding upon this opint, since it is quite possible these facts might be considered as having a bearing upon the result. ”

Henry Billings Brown

Summary

Quotes from Ralli v. Troop/Dissent Brown — Dissent (Henry Billings Brown)

Common terms

Similar works

Get perspective with Kwize: daily news enlightened by great literature