William Strong, The Portsmouth — Opinion of the Court
“ Losses arising from dangers of navigation, within the meaning of the exception in the bill of lading, are such only as happen in spite of the best human exertions, which cannot be prevented by human skill and prudence. ”
William Strong, The Portsmouth — Opinion of the Court
“ And there is, perhaps, greater reason for applying the rule to exceptions in contracts of common carriers than to those in policies of insurance, for in general, negligence of the insured does not relieve an underwriter, while a common carrier may not, even by stipulation, relieve himself from the consequences of his own fault. ”
William Strong, The Portsmouth — Opinion of the Court
“ The contract of the appellant was to deliver the two thousand barrels of salt at Chicago to the cosignee named, 'the dangers of lake navigation only excepted,' and whether the failure to deliver was caused by the excepted dangers is now the only question. A loss by a jettison occasioned by a peril of the sea is, in ordinary cases, a loss by perils of the sea. ”
