PERILS OF THE SEA. A phrase contained in bills of lading, and a class of dangers to goods carried, the effects of which the carriers do not undertake to insure against in virtue of their general undertaking.
2. Bills of lading generally contain an ex ception that the carrier shall not be liable for "perils of the sea." What is the precise im port of this phrase is not, perhaps very ex actly settled. In a strict sense, the words perils of the sea denote the natural accidents peculiar to the sea ; but in more than one in stance they have been held to extend to events not attributable to natural causes. For in stance, they have been held to include a cap ture by pirates on the high sea, and a case of loss by collision of two ships, where no blame is imputable to the injured ship. Ab bott, Shipp. pt. 3, c. 4, fl 1-6 ; Park, Ins. c. 3 ; Marshall, Ins. b. 1, c. 7, p.214; 1 Bell, Comm. 579 ; 3 Kent, Comtn. 299-307 ; 3 Esp. 67.
It hag indeed been said that by perils of the sea are properly meant no other than in evitable perils or accidents upon the sea, and that by such perils or accidents common car riers are prima facie excused, whether there be a bill of lading containing the expression of "peril of the sea" or not. 1 Conn. 487.
3. It seems that the phrase perils of the sea, on the webtern waters of the United States, signifies and includes perils of the river. 8 Ala. 176.
If the law be so, then tbe decisions upon the meaning of these words become important in a practical view in all cases of maritime oi water carriage.
4. It seems that a loss occasioned by leak age which is caused by rats gnawing a hole — in the bottom of the vessel is not, in the English law, deemed a loss by peril of the sea or by inevitable casualty. 1 Wile. 281 ; 4 Campb. 203. But if the master had used all reasonable precautions to prevent such loss, as by having a cat on board, it seems agreed it would be a peril of the sea or in evitable accident. Abbott, Shipp. pt. 3, c. 3, 9. But see 3 Kent, Comm. 299-301. In conformity to this rule, the destruction of goods at sea by rats has, in Pennsylvania, been held a peril of the sea, where there has been no default in the carrier. 1 Binn. Penn. 592. But see 6 Cow. N. Y. 266 ; 3 Kent. Comm. 248, n. c. On the other hand, the de struction of a ship's bottom by worms in the course of a voyage has, both in America and England, been deemed not to be a peril of the sea, upon the ground, it would seem, that it is a less by ordinary wear and decay. Park, Ins. c. 3 ; 1 Esp. 444 ; 2 Mass. 429. But see 2 Caines, N. Y. 85. See, generally, ACT OF Gon ; FORTUI TO us Ev ENT ; Marshall, Ins. ch. 7, ch. 12, 1 ; Phillips, Ins. ; Parsons, Marit. Law.