230 LOSSES COVERED BY THE POLICY. 



the labouring of the vessel in a violent storm, broke down the 

 support slings and partitions, and kicked each other so 

 severely that they died in the course of the storm from the 

 injuries thus received, (a) And under a policy for safe car- 

 riage of live stock, covering, with the usual exceptions, the 

 perils of railroad and river, the insurers are liable for a loss 

 occurring in a necessary transhipment from cars to steam- 

 boat, upon the route, if not caused by a peril excepted. (6) 

 Further, the underwriter is not liable for any loss not proxi- 

 mately caused by the perils insured against ; (c) nor for loss 

 which might by ordinary care and prudence on the part 

 of the shipowner have been averted. (rZ) 



185. Losses Covered by the Policy. — "Perils of the 

 sea "(e) include the common perils of storms, and their 

 direct consequences, by striking on a rock, stranding, spring- 

 ing a leak, shipping great seas, collision, (/) and such injury 

 as happens to horses from the agitation of the ship due to 

 the action of the sea, which it was not in the power of the 

 master to provide against, or the OAvners to obviate by means 

 of supplying a seaworthy ship and appurtenances. Thus, 

 where loss is directly attributable to failure of the shipmaster 

 to take precautions by shifting the position of animals in his 

 custody so as to avert injury to them, or to faulty arrange- 

 ments for carriage, the underwriter is not liable, there being 

 in the latter case a breach of the implied warranty of sea- 

 worthiness. ((/) But provided perils of the sea are the proxi- 

 mate cause of loss, the assured is not precluded from recover- 

 ing under an allegation of such cause merely because the 

 negligence, unskilfulness, or misconduct of the master and 

 mariners have been the remote occasion of it. (h) 



(a) Gahay v. Lloyd, 1825, 3 B. and Or. 793. 



(b) Jitna Insurance Company v. Stivers, 1S68, 95 Am. D. 467. 



(c) lonides v. Universal, tOc, Insurance Comjmny, 1863, 14 C.B., N.S. 259. 



(d) Arnould, 733. 



(e) Arnould's Mar. Ins., Part III., chap. ii. 744-759. 

 (/) Arnould, 756. {g) See § 116. 



{h) Arnould, 753 ; Davidson v. Burnard, 1868, L.R. 4 C.P. 117. 



