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![handle is hein.slavery/ussccases0386 and id is 1 raw text is: ThE'C CHm'A.
Syllabus.
extended, as we have shown it did, to the, Alabama Ware.
house, won Id the insurance company have been' liable?
-Could it be held as necessary to exemption that trio per-
sons engaged in riot or invdsion must have actually placed
the torch to the building insured, and that in such case if
half the town had been burned down the company would
have been liable for all thd. buildings insured, except the
one first fired? Or if a hurricane or earthquake .had started
the fire, is the exemption linited in the same manner?
These propositions cannot be sustained, and in estAblish-
ing a principle applicable to fire origipating by explosion,
we must find one which is equally dpplicabl6 under like cir-
cumstances to the other causes ebracedin the same clause.
Without commenting further, we are; cleatly of opinion
.that the explosion was the.cause of the fire'in thif case, within
the meaning of the policy and that the'judgnient of the Cir-
cuit Court must be
REVERSED AND A NEW 'T~rAL GRANTED.
THE OHjNA.
1. A State pilot law having provided for the educating and licensing of a
body of pilots, enacted that all masters of foreign vessels bound to or from
one of the State ports 19 shall take.a licensed pilot, or, in case of refusal
to take'such pilot, shall pay pilotage as if one had been employed. It
enacted further, that any person not licensed as a pilot, who should
attempt to pilot a vessel as aforesaid, should l e deemed guilty of a
misdemeanor, and, on conviction, be punished by a fine not exceeding
$100, or imprisoftment not exceeding sixty days, and that all persons
employing any one to act as a pilot not holding a license, should for-
feit and pay the sum of $100. The pilot first offering his services to
a vessel inward bound had a right to pilot her in, and when she went
out the right to pilot her oft. Ueld,-that under this statute vessels were
compelled to take u pilot.
2. But held, further (the statute containing no clause exempting.the vessel
or owners from liability for the pilot's mismanagement), that the re-
sponsibility of the vessel for torts committed by it not being derived frozu
the law of master and.servant, or from the common law at all, but from
maritime law, which impressed a maritime lien upon the vessel i
Deb. 1.868.].](ViewImageLocal?handle=hein.slavery/ussccases0386&div=1&collection=&method=preview&ext=.png&size=3)