Henry Billings Brown

Name: The Main v. Williams — Opinion of the Court
Author: Henry Billings Brown

The Main v. Williams — Opinion of the Court

Summary

“The Main v. Williams — Opinion of the Court”, is a work by Henry Billings Brown. It explores elements such as freight, damage and owner.

Quotes from The Main v. Williams — Opinion of the Court (Henry Billings Brown)

Henry Billings Brown, The Main v. Williams — Opinion of the Court

“ In Saxon, from which much of the English language is derived, it is called 'fracht,' whether it be a compensation for transportation in ships by sea, or carriage by land, either of goods or persons, in gross or detail.' With the introduction of steam vessels, however, the carriage of passengers became at once a most important branch of maritime industry, and modern authorities have generally placed the fare or compensation for the carriage of such passengers upon the same footing as freight for the transportation of goods. ”

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Source: Wikisource

Henry Billings Brown, The Main v. Williams — Opinion of the Court

“ Prior to the era of steam navigation, travel by sea was comparatively of such little magnitude that 'freight' was commonly used to denote compensation for the carriage of goods, yet, in Les Bones Costumes de la Mar., c. 1, (Black Book, App. pt. 3, p. 51,) it is said 'the term 'passenger' includes all those who ought to pay freight for their persons apart from their merchandise,' and 'every man is called a passenger who pays freight for his own person, and for goods which are not merchandise. ”

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Source: Wikisource

Henry Billings Brown, The Main v. Williams — Opinion of the Court

“ While many of the lexicographers, such as Webster, Worcester, and the Imperial Dictionary, still define 'freight' as the sum paid by a party hiring a ship or part of a ship, or for the carriage of goods, in the Century Dictionary it is said to be, in a more general sense, the price paid for the use of a ship, including the transportation of passengers. ”

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Source: Wikisource

Henry Billings Brown, The Main v. Williams — Opinion of the Court

“ By subsequent acts this limitation of liability was extended to losses in which the master and mariners had no part, to losses by their negligence, and to damage done by collision, while there was an entire exemption of liability for loss or damage by fire, or for loss of gold and jewelry, unless its nature and value were disclosed. In all these statutes the liability of the owner was limited to his interest in the ship and freight for the voyage. ”

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Source: Wikisource

Henry Billings Brown, The Main v. Williams — Opinion of the Court

“ It does not, however, include the cargo, which, presumptively at least, does not belong to the owner of the ship.
There is no reason, however, for giving to the word 'freight' a narrow or technical definition. The fares of the passengers are as much within the reason of the rule as the freight upon the cargo. ”

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Source: Wikisource

Henry Billings Brown, The Main v. Williams — Opinion of the Court

“ And every person who carries less than two quintals ought to pay freight for his own person.' And in this, one of the most ancient books upon the maritime law, (at least as old as the fourteenth century,) it is also said: 'And in this same manner with regard to any person who may come on board the ship without the consent of the managing owner or of the ship's clerk, it is in the power of the managing owner to take what freight he pleases.' Id. pp. 172-175. That passengers' fares were regarded as the substantial equivalent of freight is evident from the case of Mulloy v. ”

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Source: Wikisource

Henry Billings Brown, The Main v. Williams — Opinion of the Court

“ While, from the universal habit of insuring vessels, the application of the statute probably results but rarely in an actual injustice to the owner of the injured vessel, yet, being in derogation of the common law, we think the court should not limit the right of the injured party to a recovery beyond what is necessary to effectuate the purposes of congress. ”

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Source: Wikisource

Henry Billings Brown, The Main v. Williams — Opinion of the Court

“ It would be creating a distinction without a real difference to say that a transatlantic steamer laden with passengers should be wholly exempt from the payment of freight, while another, solely engaged in the carriage of merchandise, should be obliged to pay the entire proceeds of her voyage. The words 'freight pending,' in section 4283, or 'freight for the voyage,' (section 4284,) were copied from the English statute of Geo. ”

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Source: Wikisource

Henry Billings Brown, The Main v. Williams — Opinion of the Court

“ German Mar. Code, art. 452; Code of the Netherlands, art. 321; Belgian Code, art. 216; Italian Code, art. 311; Russian Code, art. 649; Spanish Code, arts. 621, 622; Portuguese Code, art. 1345; Brazilian Code, art. ”

Henry Billings Brown

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