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Scottish Court of Session Decisions >>
Lumsden, Skipper in Aberdeen, v Robert Lorimer, Merchant there. [1680] Mor 10110 (30 July 1680)
URL: http://www.bailii.org/scot/cases/ScotCS/1680/Mor2410110-044.html Cite as:
[1680] Mor 10110
Lumsden, Skipper in Aberdeen, v. Robert Lorimer, Merchant there
Date: 30 July 1680 Case No. No 44.
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Alleged no freight due, because its an uncontroverted maxim in maritime law, quod naufraugio facto naulum non debltur. Answered, The skipper cannot for this casus fortuitus, and though the ship was broke, yet the loading was saved. The Lords found the freight due, deducting as much thereof, as the merchant should instruct he was damnified by the landing of the ship in the place where she broke, and tried the damage, by comparing the price of the loading as it was sold in the place it was cast in, with the prices it would have given in Aberdeen, which was the port to which they designed.
