GENERAL AVERAGE (also called gross) con sists of expense purposely incurred, sacrifice made, or damage sustained for the common safety of the vessel, freight, and cargo, or the two of them, at risk, and is to be contributed for by the several interests in the proportion of their respective values exposed to the common danger, and ultimately surviving, including the amount of expense, sacrifice, or damage so incurred in the contributory value. 2 Phillips, Ins. 1269 et seg.; and see Code de Com. tit. xi.; Aluzet, Trait. des Av. cxx.; 2 Curt. C. C. 59 ; 9 Cush. Mass. 415 ; Bailey, Gen. Av.; 2 Parsons, Mar. Law, cb. xi.; Stevens, Av.• ' Benecke, Av.; Pothier, Av.; Lex Rhodia, Dig. 14. 2. 1.
2. Indemnity for general average loss is usually stipulated for in policies against the risks in navigation, subject, however, to divers modifications and conditions. 2 Phil lips, Ins. 1275, 1279, 1408, 1409. Under maritime policies in the ordinary form, underwriters are liable for the contributions made by the insured subject, for loss by jettison of cargo, sacrifice of cables, anchors, sails, spars, and boats, expense of temporary repairs, voluntary stranding, compromise with pirates, delay for the purpose of refitting. 2 Phillips, Ins. c. xv. sect.
Average particular (also called partial loss) is a loss on the ship, cargo, or freight, to be borne by the owner of the subject on which it happens, and is so called in distinction from general average ; and, if not total, it is also called a partial loss. 2 Phillips, Ins. c. xvi.; Stevens, pt. 1, c. 2 ; Arnould, Mar. Ins. 953 ; Code de Com. 1. 2, t. 11, a. 403 ; Pothier, Ass. 115 ; Benecke & S. Av. Phill. ed. 341.
3. It is insured against in marine policies in the usual forms on ship, cargo, or height, when the action of peril is extraordinary, and the damage is not mere wear and tear ; and, on the ship, covers loss by sails split or blown away, masts sprung, cables parted, spars carried away, planks started, change of shape by strain, loss of boat, breaking of sheathing or upper works or timbers, damage by lightning or fire, by collision or stranding, or in defence against pirates or enemies, or by hostile or piratical plunder. 2 Phillips,
Ins. c. xvi. ; 21 Pick. Mass. 456 ; 11 id. 90; 7 id. 159; 7 Carr. & P. 597 ; 3 id. 323 ; 1 Conn. 239 ; 9 Mart. La. 276 ; 18 La. 77 ; 5 Ohio, 306 ; 6 id. 70, 456 ; 3 Cranch, 218 ; 1 Cow. N. Y. 265 ; 4 id. 222 ; 5 id. 63 ; 4 Wend. N. Y. 255 ; 11 Johns. N. Y. 315.
Particular average on freight may be by loss of the ship, or the cargo, so that full freight cannot be earned ; but not if the goods, though damaged, could have been carried on to the port of destination. 2 Phil lips, Ins. c. xvi. sect. iii.; 9 id. 21; 15 Mass. 341; 23 Pick. Mass. 405 ; 2 McLean, 423 ; 1 Story, C. C. 342 ; 2 Gill, Md. 410 ; 12 Johns. N. Y. 107; 18 id. 205, 208 ; 1 Binn. Penn. 547.
Particular average on goods is usually ad justed at the port of delivery on the basis of the value at which they are insured, viz.: : the value at the place of shipment, unless it is otherwise stipulated in the policy. 2 Phil lips, Ins. N 145, 146 ; 2 Wash. C. C. 136 ; 2 Burr. 1167 ; 2 East, 581 ; 12 id. 639 ; 3 Bes. & P. 308 ; 3 Johns. Ch. N. Y. 217 ; 4 Wend. N. Y. 45 ; 1 Caines, N. Y. 543 ; 1 Hall, N. Y. 619; 20 Penn. St. 312 ; 36 Eng. L. & Eq. 198. See SALVAGE; LOSS.
4. A particular average on profits is, by the English custom, adjusted upon the basis of the profits which would have been real ized at the port of destination. In the United States adjustment is usually at the same rate as on the goods the profits on which arc the subject of the insurance. 2 Phillips, Ins. .N 1773, 1774; 2 Johns. Cas. N. Y. 36; 3 Day, Conn. 108; 1 Johns. N. Y. 433; 3 Pet. 222 ; I Sumn. C. C. 451; 8 Miss. 63 ; 1 Serg. & R. Penn. 115.