The expense to be by perils of the sea, and some of the goods insured are of salvage may spoiled and others saved, it is allowable to give the expense be given in evidence under the allegation that the ship sunk and the goods were spoiled. of the salvage in evidence upon such an averment, because it is a consequence of the accident laid in the declaration. In an action on a policy of insurance for insuring goods on board the ship A., the plaintiff declares that the ship sprung a leak, and sunk in the river, whereby the goods were spoiled. The evidence was, that many of the goods were spoiled, but some were saved; and the question was,Whether the plaintiff might give in evidence the expense of salvage, that not being particularly laid as a breach of the policy in the declaration? Lord Hardwicke, C. J.-" I think they may give it in evidence, for the insurance is against all accidents. The accident laid in this declaration is, that the ship sunk in the river it goes on and says that, by reason thereof, the goods were spoiled; that is the only special damage laid, yet it is but the common case of a declaration that lays special damage, where the plaintiff may give evidence of any damage that is within his cause of action as laid. And though it was objected that such a breach of the policy should be laid as the insurer may have notice to defend it, it is so in this case, for they have laid the accident, which is sufficient notice, because it must necessarily follow that some damage did happen. ADDENDA. Case of Manning and Another v. Irving (a). THIS was an action of assumpsit brought by the plaintiffs, managing owners of a vessel called the General Kyd, against the defendant, one of the directors and chairman of the Alliance Marine Insurance Company, under the provisions of an act of Parliament, making the company liable to be sued in the name of their chairman. The first count was upon a policy of insurance for 3,000l., duly subscribed on behalf of the company upon ship valued at 17,5007., at and from China to Madras, while there, and back to China, not east of Hong Kong, with leave to call at the Straits; and averred a loss by perils of the sea. The second count was for money paid, the third for money had and received, the fourth for interest, the fifth on an account stated. The defendant pleaded to the first count, that the vessel was not wholly lost, in manner and form, &c., and to the last four non assumpsit; upon both of which pleas issue was joined. At the trial, before Cresswell, J., at Guildhall, at the Sittings after Trinity Term, 1844, a verdict was found for the plaintiffs, damages 3,000l., subject to the following case :The plaintiff's vessel, the General Kyd, of 1318 tons, had (a) 1 Common Bench R. 168. A policy was effected in East India service) valued at 17,500l. at and from China to Madras, and back to China. The vessel was purchased by the plaintiffs in 1839 for 11,000. During the voyage, the vessel was, by a peril insured against, dis masted; and by the wreck of the masts and rigging falling over the ship's sides and striking under her hull, her copper and sheathing were much injured. repair the da mages so sus The necessary been originally built for, and employed in, the trade of the expenditure to East India Company, whilst the Company retained its trading privileges, and had been built at a very great expense; and ship, and to re- in consequence of the Company ceasing to trade, upon the alteration of their charter, the General Kyd, and all other ships of the same class, ceased to be in demand. tained by the fit her masts, sails and spars, rigging, and sheathing, &c. so as to render her seaworthy for the voyage insured, would to not less than The plaintiffs purchased the vessel in 1839, for 11,000%. The policy in question was effected by the plaintiffs in have amounted June, 1843; and at that time, according to advices from the purser of the ship, then in China, the cost of the vessel to if such expen them, including, however, wages and other matters not constituting part of the permanent value of the ship, amounted to 17,500l., the value in the policy. 10,5007.; and, diture had been incurred, the ship would have been worth a sum not exceeding No insurance was effected by the plaintiffs on the freight 9,000l. During of the said ship on the voyage insured. the hurricane the vessel made no more water injured, and the to be sound in all other respects than those above mentioned. Held, upon a special case reserved, that the underwriters were liable as for a total loss. The vessel, upon former voyages, had been frequently insured at the same or a higher valuation, and was known to the defendants to have been in the service of the East India Company. The ship sailed on the voyage insured, from Singapore, on the 25th of April, 1843, and in the course of such voyage arrived in the Madras Roads upon the 18th of May following, for the purpose of taking in a cargo of cotton, which was purchased and provided for shipment on behalf of her owners. On the 21st of May, 1843, whilst so lying in the Madras Roads, the vessel was carried out to sea in ballast by a violent hurricane; and on the following day, during the gale, and whilst still at sea, she was dismasted, and by the wreck of the masts, sails, and rigging falling over the ship's sides, and getting and striking under the hull, the copper and wood sheathing on the bottom of the vessel was much injured. In order to save the vessel, and for the preservation of the crew, she was necessarily carried into Calcutta. The necessary expenditure to repair the damages sustained by the ship, and to refit her masts, sails, and spars, rigging, copper and wood sheathing, and other things, so as to render her seaworthy for the voyage in question, would have amounted to a sum of not less than 10,500. If such expenditure had been incurred, the ship would have been worth (either in England or Calcutta) a sum not exceeding 9,000l.; and such would have been her marketable value if put up for sale in that state of repair, either at the period of effecting the policy, or just before the damage, or at the time at which the repairs would have been completed. During the hurricane the vessel made no more water than Hull uninusual; and, upon examination of the ship at Calcutta, the jured. hull did not appear to be injured, and the ship appeared to be sound in all other respects than those above mentioned. The vessel, upon her arrival in Calcutta, was put into dock Surveys. for survey and examination. She was surveyed four times, on the several dates following:-2nd of June, 9th of June, 3rd of July, and 7th of July, 1843. Upon the survey held on the 2nd of June, the surveyors recommended that the vessel should be docked for further examination, and in the mean time spars should be procured for masts, yards, &c., on the most reasonable terms; also that estimates should be obtained from the various shipchandlers and others for the supply of the stores required to replace the General Kyd in the same position as before the hurricane. Upon the survey held on the 3rd of July, 1843, the surveyors recommended the copper and sheathing to be stripped off the bottom, and that it should be dubbed down bright from the gunwale to the keel, to ascertain whether or not the ship had received any further injury in her bottom from the wreck of the masts. Upon the survey held on the 7th of July, 1843, the surveyor reported that the ship had experienced very severe weather, having been blown out of the Madras Roads, after which she encountered one of those violent gales of wind, or hurricanes, which prevail in the Bay of Bengal during the month of May, which reduced the hull to a complete wreck, the main-mast and mizen-mast breaking off below the hounds, the fore-mast and bowsprit badly sprung; in fact so crippled was the ship in masts and yards as to require nearly the whole of them to be renewed; that the examination of the hull which he had been enabled to make on the upper deck, gun or middle deck, orlop, and hold, shewed that the said ship had not worked on her fastenings; that the closeness of all the butts, scarples, and edges of the planks, shewed not the slightest movement; and that the beam-ends, knees, and bolts seemed to be nearly in the same state as when first forged and fastened; that equally so was the hull on the outside, as regarded the topsides and wales; and that, judging from the bottom plank, where the copper and sheathing had been torn off by the wreck of the masts, the seams were in a most perfect state; that the keel of the said ship was remarkably straight for a vessel of her age, having only four inches camber in thirty feet from the fore post; that aft, from that length to the stern post, it formed nearly a horizontal; a similar sized ship built in Europe of oak and fir, tree-nailed fastened, would in all probability, when from twelve to fifteen years old, have cambered fifteen to eighteen inches. The blocks were not cut into, which shewed that the keel had not moved since the said ship was docked. The said last-mentioned surveyor recommended that the bottom of the said ship should be stripped, the copper and sheathing being much injured by the masts, thoroughly overhauled, dubbed bright, and if it proved, as he expected, free from decay, it should be well caulked, felted, sheathed, and coppered; that the channels and chain-plates should be partly renewed and repaired; that the masts and yards should be completed, and the wales, topsides, and decks caulked, with sundry trifling jobs to be done about the hull; after which the said last-mentioned surveyor reported that the said ship, as regarded hull, masts, and yards, would be fit for sea, and a good sea risk to any part of the world. The said ship was built at Calcutta about thirty years |