Nickerson v. Tyson

Massachusetts Supreme Judicial Court

Nickerson v. Tyson

8 Mass. 467

CourtMassachusetts Supreme Judicial Court

DecidedMarch 15, 1812

StatusPublished

Cited by5 cases

This text of 8 Mass. 467 (Nickerson v. Tyson) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Nickerson v. Tyson, 8 Mass. 467 (Mass. 1812).

Pincite

Opinion

By the Court.

The -plaintiffs are not entitled to contribution upon the facts reported. Here was no deliberate act done for the preservation of the whole, except the separating the masts and rigging from the hull, after they were carried overboard by the violence of the weather. At the utmost, all that the plaintiffs could claim would be a contribution proportioned to their value, when thus hanging by the side of the vessel. But in fact the cargo has been held already to pay a salvage to another vessel, which was the means of finally saving it to its owners.

Plaintiffs nonsuit.

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By the Court.

The -plaintiffs are not entitled to contribution upon the facts reported. Here was no deliberate act done for the preservation of the whole, except the separating the masts and rigging from the hull, after they were carried overboard by the violence of the weather. At the utmost, all that the plaintiffs could claim would be a contribution proportioned to their value, when thus hanging by the side of the vessel. But in fact the cargo has been held already to pay a salvage to another vessel, which was the means of finally saving it to its owners.

Plaintiffs nonsuit.

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Bluebook (online)

8 Mass. 467, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nickerson-v-tyson-mass-1812.

Opinion

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