General average is a principle of the law of marine insurance, not found in other branches of insurance, by which where a ship or cargo is sacrificed for the general good, the owners of the property saved are obliged to contribute their proportional part of the loss sustained. The doctrine of general average is thus discussed by a recent writer: "General average is a principle of customary law, independent of contract, whereby, when it is decided by the master of a vessel, acting for all the interests concerned, to sacrifice any part of a venture exposed to a common and imminent peril in order to save the rest, the interests so saved are compelled to contribute ratably to the owner of the interest sacrificed, so that the cost of the sacrifice shall fall equally upon all.17 A recent writer on admiralty thus admirably summarizes the requisites to the right to claim general average contribution:18 The sacrifice ( a) must be voluntary, and for the benefit of all;

11 Dupeyre vs. Western M. & F.

Ins. Co., 2 Rob., 457. 12 Moore vs. Perpetual Ins. Co., 16

Mo., 98. 13 Washington Mut. Ins. Co. vs.

Reed, 20 Ohio, 199.

14 Fleming vs. Ins. Co., 12 Pa. St., 391.

15 Marcy vs. Sun Mut. Ins. Co., 11

La. Ann., 748.

16 26 Cyc, page 651.

(b) must be made by the master or by his authority;

(c) must not be caused by any fault of the party asking the contribution; (d) must be successful; (e) must be necessary.'

"The most frequent causes of general average loss are putting into port for repairs to the vessel, or the re-handling of the cargo, and jettisons." 19 20

17 Wright vs. Marwood, 7 Q. B.

Div., 67.

18 Hughes, Adm., p. 41.

19 Hazelton vs. Ins. Co. (D. C), 12 Fed., 159. 20 Vance on Insurance, Sec. 225.