Brown v. Cornwell

Connecticut Superior Court

Brown v. Cornwell

1 Root 60

DecidedDecember 15, 1773

StatusPublished

This text of 1 Root 60 (Brown v. Cornwell) is published on Counsel Stack Legal Research, covering Connecticut Superior Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Brown v. Cornwell, 1 Root 60 (Colo. Ct. App. 1773).

Pincite

Opinion

The court determined that the law was so, that it did; and judgment was for the plaintiff to recover. That although stock upon deck is more exposed to danger, and in a storm exposes the vessfel to greater risk than goods in the hole, yet-as it is the universal custom to ship goods in. the hole, with stock upon deck; when the stock upon deck is thrown overboard for the express purpose of saving from destruction the cargo in the hole, it is but reasonable that the cargo saved should bear a proportion of the loss, which was the price of its ransom.

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The court determined that the law was so, that it did; and judgment was for the plaintiff to recover. That although stock upon deck is more exposed to danger, and in a storm exposes the vessfel to greater risk than goods in the hole, yet-as it is the universal custom to ship goods in. the hole, with stock upon deck; when the stock upon deck is thrown overboard for the express purpose of saving from destruction the cargo in the hole, it is but reasonable that the cargo saved should bear a proportion of the loss, which was the price of its ransom.

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Bluebook (online)

1 Root 60, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brown-v-cornwell-connsuperct-1773.