Citation Numbers: 85 Me. 215
Judges: Foster, Haskell, Iouse, Libbey, Peters, Virgin, Whitei
Filed Date: 12/19/1892
Status: Precedential
Modified Date: 9/24/2021
Assumpsit upon a policy of marine insurance, covering the freight of schooner Lyra, on a voyage from Bangor to Boston.
The Lyra, loaded with lumber, was towed down river and lay at anchor over night.' In the morning, she made sail, and when barely in the bay, sprang a leak without any apparent cause, there being no " stress of weather.” Having a fair wind, she made Belfast water-logged and unseaworthy. A survey was called, her cargo discharged and re-shipped, and she was condemned, stripped and torn up as useless. She was fifty years old, had met with disaster twm months previous, was weak and substantially worn out.
The evidence rebuts the presumption of seaworthiness, and clearly shows that the vessel must have been unseaworthy at the inception of the voyage. The insurance, therefore, never attached. The premium, however, may be recovered back under the money count.
Judgment for plaintiff for the premium only.