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NEW YORK:
PUBLISHED BY THE HINE INSURANCE PUBLISHING CO.,

100 WILLIAM STREET.

1898.

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RENDERED IN INSURANCE CASES IN THE FEDERAL COURTS, AND IN THE STATE SUPREME COURTS.

From certified transcripts in our possession.

UNITED STATES CIRCUIT COURT OF APPEALS.

SECOND CIRCUIT.

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RELIANCE MARINE INS. CO., LIMITED.*
Smoke damage to cargo resulting from fire in a vessel is not a subject of

general average ; but the contrary obtains as to damage from steam due

to efforts to extinguish the fire. Injury to tobacco from smoke in such case, perhaps aided by the steam, where

the effects cannot be separated, is not a subject of general average. Where it was necessary to scuttle the vessel to extinguish the fire, and part of the cargo was first lightered to diminish the aggregate loss and

the expense of raising the vessel, the cargo so lightered should contribute to the general average expense of raising the vessel.

Statement of case by SHIPMAN, J. The Seneca, an iron vessel 279 feet in length, and belonging to the New York & Cuba Mail Steamship Company, sailed from Havana

on Saturday evening, December 23, 1893, with a

for New York,

• Decision rendered Dec. 8, 1896.

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