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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Carnegie v Napier. [1672] Mor 14671 (11 December 1672)
URL: http://www.bailii.org/scot/cases/ScotCS/1672/Mor3314671-048.html
Cite as: [1672] Mor 14671

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[1672] Mor 14671      

Subject_1 SOLIDUM ET PRO RATA.
Subject_2 SECT. XI.

Owners of a Ship, how liable?

Carnegie
v.
Napier

Date: 11 December 1672
Case No. No. 48.

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Merchants having received damage by the skipper's fault, each owner was found liable in solidum for the damage done by the skipper's fault, without regard whether each man's interest in the ship did extend so far; but, as the damage claimed was within the value of the ship itself, there was no occasion to determine whether the owners could be reached beyond the value of the ship.

Fol. Dic. v. 2. p. 381. Gosford. Stair.

*** This case is No. 2. p. 9349. voce Oath.

The electronic version of the text was provided by the Scottish Council of Law Reporting     


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