THE INSURANCE LAW JOURNAL. VOLUME XXVII. 1898. [NEW SERIES, VOLUME 7.] REPORTS OF DECISIONS 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. RELIANCE MARINE INS. CO., LIMITED, v8. NEW YORK &C. MAIL S. S. CO. ET AL. NEW YORK &C. MAIL S. S. CO. ET AL. 08. 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 for New York, on Saturday evening, December 23, 1893, with a • Decision rendered Dec. 8, 1896. |