The Jason

225 U.S. 32, 32 S.Ct. 560, 56 L.Ed. 969 (1912)

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The Jason

United States Supreme Court
225 U.S. 32, 32 S.Ct. 560, 56 L.Ed. 969 (1912)

CS

Facts

The Jason was a cargo vessel traveling from Cuba to New York when it stranded off the Cuban coast as a result of the crew’s negligence. The vessel was released from the stranding by jettisoning some of the cargo, including 1,657 bags of sugar from among the 12,000 bags on board belonging to Arbuckle Brothers (defendant), and by the extraordinary efforts and expenditures made by the owners of the Jason (plaintiffs). The Jason completed the voyage and delivered the surviving cargo to the cargo owners on the condition that the cargo owners execute a general-average bond. General-average adjusters were hired to determine the proportional contributions each party would be required to pay. Arbuckle Brothers refused to pay its assigned contribution on the grounds that the crew’s negligence caused the stranding. The bill of lading for the voyage, however, included a clause requiring cargo owners to contribute in a general-average situation even if it was caused by negligence. The Jason’s owners sued Arbuckle Brothers. The district court dismissed the claim. Upon the Jason’s owners’ appeal, the circuit court initially affirmed the dismissal. Upon rehearing, however, the circuit court certified the issue of validity of the bill of lading’s general-average provision to the Supreme Court.

Rule of Law

Issue

Holding and Reasoning (Pitney, J.)

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