EXEMPTIONS UNDER THE ORDINARY " CATTLE CLAUSE." 231 



" Enemies " a23plies to caj)ture by public enemies in war ; 

 " detention of princes " signifies not that of enemies only, but 

 those in amity, and of the nation of the assured also. "Acts of 

 piracy" refer to all hostile depredation, such as would, if com- 

 mitted on land, amount to felony. "Jettison" is strictly 

 loss by dangers of the sea, and the clause for indemnity is 

 not limited to the strict case of average contribution, but 

 extends to all jettison which arises on just cause of throwing 

 overboard goods for the common safety. Under " other 

 perils " come such risks as a ship fired on by mistake from 

 a British cruiser, (a) the explosion of a steam boiler, (6) or 

 the bursting of a pump,(c) and damage to cargo by sea water 

 through a waste pipe having been negligently left open.(c?) 



186. Exemptions under the ordinary "Cattle Clause." 



— There is frequently inserted what is termed the " cattle 

 clause " in a marine policy when horses are carried. It is 

 generally in these terms (e) : — " To cover the risk of death or 

 loss in consequence of the stranding, sinking, or burning of 

 the vessel, or owing to collision with any other vessel, but 

 warranted free from mortality, contagion, and loss or injury 

 arisinsj from other causes." The effect of this clause in a 

 policy is to free the underwriter in all cases when the loss is 

 not directly due to shipwreck, stranding, burning, or collision. 

 Under the customary live stock policy at Lloyd's, with a 

 clause " warranted to be free from mortality and jettison," 

 underwriters are not considered liable for any loss arising 

 from death where the ship arrives safe ; but only Avhere the 

 ship is lost, and the animals are drowned. But this being 



(a) Cullen v. Butler, 1816, 5 M. and S. 461. 



(b) West India Telerjraph Company v. Home, Ac, Insurance Company, 1880, 

 6 Q.B.D. 51. 



(c) Hamilton v. Thames, <!bc., Insurance Company, 1886, 17 Q.B.D. 195. 



{d) Davidson, cit., where doubt was expressed whether this was due to perils 

 of the sea, but fell at all events under " other perils." 



(e) A list of twenty-two different forms of cattle clauses will be found in Owen's 

 Marine Insurance Notes and Clauses, pp. 144, 241. 



