Tatham against Hodgson
| Jurisdiction | England & Wales |
| Judgment Date | 30 April 1796 |
| Date | 30 April 1796 |
| Court | Court of the King's Bench |
English Reports Citation: 101 E.R. 756
IN THE COURT OF KING'S BENCH.
tatham against hodgson. Saturday, April 30th, 1796. Upon an insurance on slaves against perils of the sea, their death by failure of sufficient and suitable provision occasioned by extraordinary delay in the voyage from bad weather is not a loss within the policy, but a loss by natural death which cannot be insured against since the 30 Geo. 3, c. 33, s. 8, and 34 G. 3, e. 80. This was an action upon a policy on the ship and goods at and from Liverpool to the coast of Africa, during her stay and trade there, and from thence to her port and ports of discharge sale and final destination in the West Indies and America, &c. The cargo consisted chiefly of slaves; and the plaintiff declared that the ship with her cargo, after her departure from the coast of Africa upon the voyage insured, and before her arrival at any of her ports of destination, &c. was by tempestuous weather and through the mere perils and dangers of the sea greatly retarded and delayed in her said voyage, by reason whereof and from a failure and want of proper and sufficient food and sustenance for the said slaves, occasioned by the said ship being in her said voyage so delayed as aforesaid, divers of the said slaves became distempered and died; and that afterwards in the course of the voyage the ship was lost, with the residue of the slaves and the rest of the cargo. It appeared in evidence that the voyage was from the river Cameroon on the coast of Africa to Grenada; that while she was at Bilbay, on the coast, there was a ground swell, by [657] reason of which the ship struck several times on the ground, and was nearly wrecked; from thenceforth she became leaky, her rudder was rendered almost useless, and the vessel was unmanageable. The cargo of slaves was reduced i the course of the voyage from 168 to 40 by hardships in the delay of the voyage, by reason of which the slaves were obliged to be fed with Indian corn, which was an improper food for them. All possible care had been taken to provision the ship as well with European provisions as with such as the coast furnished for the use of the slaves. But instead of the ordinary voyage, which is from six to nine weeks, they did not arrive at Barbadoes till after a voyage of six months and eight days. And the captain put into Barbadoes instead of going on to Grenada, which would have been a sail of 36 hours longer, by the advice of his officers and...
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The Same v Bateman
...for WM8.8AnHD.J03. MICH. 22 CAB. II. REGIS 985 in the parish and ward aforesaid, whereof the said Francis afterwards, to wit, on the that. 6 T. R. 656, Tatham v. Hodgson.(x) In an action on the policy, the property of the ship may be proved by parol evidence of the possession of the assured......
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Ionides v The Universal Marine Insurance Company
...Xim-det v. Hall, 4 Bingh. 607, 1 M. & P. 561 ; Tanner v. Bennett, R. & M. 182; Bradford v. Levy, 2 C. & P. 137." In Tatham v. Hodgson, 6 T. R. 656, upon an insurance on slaves against perils of the sea, it was held that their death by failure of sufficient and suitable provisions, occasione......
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Palmer and Another v Naylor and Others
...tiis instrument ought to be read as if it contained such negative words. The proximate cause alone is to be considered In Tathnm v Hodgson (6 T R. 656), which was a policy of insurance upon slaves against perils of the sea, it was held that the death of the slaves by the failure of sufficie......