OF LOSSES NOT COVERED BY THE POLICY. 229 



thirty mules, ten asses, and thirty oxen Avere insured " at and 

 from Cork to Barbadoes and St. Vincent, warranted free of mor- 

 tality and jettison," Chief-Justice Abbot was of opinion that if 

 the ship had been driven out of her course by the perils of 

 the sea so as to protract the voyage and exhaust the provi- 

 sions, then the words " warranted free from mortality " in the 

 policy would have protected the underwriters from liability 

 for loss arising from such cause. (a) Where the perils of the 

 sea are a conducing cause of the loss, it is often a matter of 

 great difficulty to determine whether the underwriter is liable. 

 In the case just cited, where the underwriters exj)ressly 

 stipulated not to be liable for loss caused by mortality, and 

 it ap23eared that all the animals insured, except five mules 

 and one ass, died on the voyage of severe bruises, lacerations, 

 and injuries arising from the violent pitching and rolling of 

 the ship occasioned by a furious storm and the consequent 

 agitation of the sea, the Court decided, though not without 

 some doubt, that this was a loss by perils of the sea, for 

 which the underwriters were liable, and against which they 

 were not protected by the warranty to be " free from mortal- 

 it}^ ;" for the word " mortality" in its ordinary sense never 

 means violent death, but death arising from natural causes. 

 If living animals be deliberately thrown overboard to save the 

 rest, in consequence of scarcity of provisions occasioned by 

 the gross ignorance of the captain in mistaking his course, 

 and thus protracting the voyage, this is not properly described 

 as loss by perils of the sea, the proximate cause of the loss 

 being the incapacity of the captain, (b) And if they were to 

 perish for want of food and water, owing to the extraordinary 

 and unavoidable prolongation of the voyage in consequence 

 of bad weather, this would be considered a loss by mortality, 

 and not by perils of the sea. (c) But it was held to be loss 

 from perils of the sea where several horses, in consequence of 



(«) Lawrence v. Ahcrdein, 1821, 5 B. and Ad. 107, 110. 



(6) Gregson v. Gilbert, 1783, 3 Doug. 232 ; Manshall, Mar. Ins. 375, 386. 



(c) Tatham v. Hodgson, 1796, 6 T.R. 656 ; Lawrence, cit. 



