...and goods, avera*eare liable, inter se, to contribute in proportion to their respective interests. "All loss which arises in consequence of extraordinary...incurred, for the preservation of the ship and cargo, come within general average, and must be borne proportionably by all who are interested."' To constitute...

...action, or a bill in equity, against each person liable to contribute. All loss, of whatever nature, which arises in consequence of extraordinary sacrifices...incurred, for the preservation of the ship and cargo, come within general average; and must be borne proportionably by all who are interested. To obtain...

...as of the merchant. Ibid. 478. 5. All loss which arises in consequence of extraordinary sacrifices or expenses incurred for the preservation of the ship and cargo comes within the description of general average. 1 Park on Int. 277. t ß. The general contribution to be made by...

...General Average by Mr. Justice Lawrence in Birkley v. Presgrave (1 East, 228) — a loss arising out of extraordinary sacrifices made, or expenses incurred, for the preservation of the ship and cargo — meaning for the joint benefit of the ship and cargo, and which must therefore be borne proportionally...

...should still say that they are all liable to answer for their respective proportions. Lawrence, J. — All loss which arises in consequence of extraordinary...incurred for the preservation of the ship and cargo come within general average, and must be borne proportionably by all who are interested. Natural justice...

...in the case that the insured and insurer contemplated in their (o) According to the English Law, " All loss which arises in conse"quence of extraordinary...incurred, for the " preservation of the ship and cargo, come within general average, and " must be borne proportionally by all who arc interested." Birkley...

...common benefit of ship and cargo, and have aided at least in the accomplishment of that purpose. " All loss which arises in consequence of extraordinary...incurred for the preservation of the ship and cargo, come within general average, and must be borne proportionably by all who are interested." ' The description...

...preservation of the ship or cargo, or both, should lose more than his own share. All losses which arise in consequence of extraordinary sacrifices made, or...incurred for the preservation of the ship and cargo, come within general average, and must be borne proportionately by all who are interested (a). But the...

...General Average, which was long ago laid down as the basis of English law by Mr. J. Laurence, viz : " All loss which arises in consequence of extraordinary...incurred, for the preservation of the ship and cargo, come within General Average, and must be borne propertionably by all interested;" yet, in the application...

...The facts present a case of general average within the meaning of the clause in the bill of lading. All loss which arises in consequence of extraordinary...cargo, comes within general average, and must be borne proportionably by all who are interested. Birkley v. Presgrave, 1 East, 220; Columbian Ins. Co. v....