Page:Black's Law Dictionary (Second Edition).djvu/747

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LOSS

LOSS. In insurance. The injury or damage sustained by the insured in conse- quence of the happening of one or more of the accidents or misfortunes against which l-he insurer. in consideration of the premium, has undertaken to indemnify the insured. 1 l’-inuv. Inst. no. 1215.

—Actnal lass. One resulting from the reai and substantial destruction of the property insured.—Onnstructive loss. One resulting from such injuries to the prupert_v, witliuut its destruction, as render it valueless to the assured or prevent its restoration to the original condition except at a cost exceeding its value. —Dh-ect loss by Era in one resulting immedialely and proximate] from the Eire, and not remotely from some o the consequences or of- [c<-ts of the fire. Insurance 00. v. Leader, 121 Go. _' -18 . 9?-1: Ermentrout v. Insur- ance ('o., 63 nu. 305, 65 N. W. 635, 30 L. R. A. 3~i!i, _>b Am. St. Rep. 481; California ins. Co. v. Union Compress Co., 133 U. S. 387, ‘I0 fiup. Ct. 3H5, 33 L. Ed. 73(>.—Loss of consortium. See CONsoiz'r1u'M.—Pnx-tial loss. A loss of a part of 11 thing or of its value, or nny damage not amounting (actually or constructitely) to its entire destruction; as contrasted with total loss. Partial loss is one in which the damage done to the thing insured is not so complete as to amount to a total loss. either actual or constructive. In every such case the underwriter is liable to pay such proportion of the sum which would be payable on total loss as the damage sustained by the subject of insurance bears to the whole value at the time of insurance. 2 Slcpb. Comm. 132. 133: Crurnp. Ins. § 331; Mozlev & Whlflxxy. I’-irtial loss implies a damage sustained by the ship or cargo, which falls upon the respective on ners of the property so damaged; and. “hen happening from any peril insured ngaiust by the policy, the owners are to be indemnified by the underwriters, unless in cases excepted by the express terms of the policy. Padelford v. Boardnian, 4 Mass. : Glulie Ins. Co. v. Sherlock, 25 Ohio St. (E Willard v. Insurance Co., 30 Mo. 35.—Sulvagn loss. In the lan- guage of marine underwriters. this term means the difference between the amount of salvage, after deducting the charges, and the original value nf the property insured. Dcvilt v. Insur- ance Co., 61 App. Div. 390, 70 N. Y. Supp. 661; Koons v in) Fonciere Coinpagnie (D. C.) '71 Fed. 98I.—Tnt.a1 loss. See that title.


LOST. An article is “iost" when the owner has iost the possession or custody or it, in- voliintarily and by any means, but more particularly by accident or his o\vn negligence or forgetfnlness, and when he is igiioi-ant or its whereabouts or cannot recover it by an ordinarily diligent search. See State Sav. Iiunl: v. Bnhi, 129 Mich. 193, SS N. W. -171. 56 L R. A. 94-1; Belote v. State, 36 Miss. 120. 72 Am. Dec. 163; Hoiigiand v. Amuse- inent Co.. 170 M0. 335. 70 S. W. 878, 94 Am. St. Rep. 740.

As applied to ships and vesseis, the term means “lost at sea," and a vessel lost is one that has totally gone from the owners against their will, so that they know nothing of it, uhether it still exists or not, or one which they know is no longer witiiin their use and control, either in consequence of capture by enemies or pirates, or an un- imown fouuderlug, or sinking by it known storm, or collision, or destruction by ship-

739

LOTTERY

wreck. Bennett v. Garlock, 10 Hun (N. Y.) 338; Collard v. Eddy, 17 M0. 355; Insurance Io. v. Gossicr. 7 Fed. Cas. 400

—Lost or not lost. A phrase sometimes insorted in policies of marine insurance to signify that the contract is meant to relate back to the beginning of a voyage now in progress, or to some other antcccdcnt time, and to be vai- id and effectual even if, at the moment of ex- ecuting the poiicy, the vessel should have al- ready perished by some of the perils insured against, provided that neither party has knowl- edge of that [act or any advantage over the other in the way of superior means of information. See Hooper v. Robinson. 96 U. S. 537, 25 L. Ed. 219; Insurance Co. v. Fol- JS Wail. 251, 21 L. Ed. 827.—I.ost pn- pers. Pnpers which have been so misisid that they cannot be found after diligent senrch.— Lost property. Property which the owner has involuntarily parted with and does not ltnow where to find or recover it, not including property which he has intentionally concealed or deposited in a secret place for safekeeping. See Sovern v. Yoran, 16 Or 269. 20 Pac. 1

8 \m_ St. Rep. 293; Pritchett v. State. Sneed ('l‘enn.) 288. 62 Am. Dec. 468; State v. Cummings, 33 Conn. 260, 89 Am. cc. 20 ; Loucks v. Gallogly, I Misc. Rep. 22, 23 N. Y. Supp. I26; Danielson v. Roberts, 44 Or. 108, 7% Pac. 913, 65 L. R. A. 626, 102 Am. St. Rep 6-7.

LOT. The arbitrament of chance; haz- ard. That which fortuitously determines what course shall be taken or what disposition be made of property or rights.

A share; one of several parcels into which property is divided. Used particularly of land.

The thirteenth dish of lead in the mines of Dcrbyshire, which belong to the crown.

LOT AND SCOT. In English law. Certnin duties which must be paid by those who claim to exercise the elective franchise within certain clties and boroughs, before they are entitled to vote. It is said that the practice became uniform to refer to the poorrate as a register of "soot and lot" voters; so that the term, when employed to define ii rigiit of election, meant only the payment by a pnrishioner of the sum to which he was assessed on the pooi-rate. Brown.

LOT 0}‘ LAND. A small tract or par- cel of land in a village, town, or city. suitable for building, or for a garden, or other similar See Pllz v. Klliingsworth, 20 Or. 432. 26 Pac. 30 Wilson v. Proctor. 28 Minn. 13. 8 N. W 30: Webster v. Little Rock, 44 Ark. 1; Diamond Mach. Co. v. Ontonagon, 72 Mich. 261, -10 N. W. 448; Fitzgerald V. Thomas, 61 M0. 500; Phiuipsburgh v. Bruch. 37 N. J. Eq. 486.

LOTIIEEWITE, or LEYERWIT. In old English law. A liberty or priillege to take amends for lying with I bondwoman wIt;,hout iicense.

LOTTERY. A lottery is any scheme for the disposal or distribution of property by

chance among persons who have paid, or