KFLCC Kingdom Law 2nd Ed.

739

LOSS

LOTTERY

LOSS. 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 the insurer, in consideration of the premium, has undertaken to indemnify the insured. 1 Bouv. Inst no. 1215. — Actual loss. One resulting from the real and substantial destruction of the property insured.— Constructive loss. One resulting from such injuries to the property, without its destruction, as render it valueless to the as sured or prevent its restoration to the original condition except at a cost exceeding its value. —Direct loss by fire is one resulting imme diately and proximately from the fire, and not remotely from some of the consequences or ef fects of the fire. Insurance Co. v. Leader, 121 Ga. 260, 48 S. E. 974; Ermentrout v. Insur ance Co., 63 Minn. 305, 65 N. W. 635, 30 L. R. A. 346, 56 Am. St. Rep. 481; California Ins. Co. v. Union Compress Co., 133 U. S. 387, 10 Sup. Ct. 365, 33 L. Ed. 730.— Loss of con sortium. See CONSORTIUM.— Partial loss. A Joss of a part of a thing or of its value, or any damage not amounting {actually or con structively) to its entire destruction; as con trasted 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 Steph. Comm. 132, 133; Crump. Ins. § 331; Mozley & Whitley. Partial loss implies a damage sustained by the Ship or cargo, which falls upon the respective owners of the property so damaged; and, when happening from any peril insured against 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. Boardman, 4 Mass. 548; Globe Ins. Co. v. Sherlock, 25 Ohio St. 65; Willard v. Insurance Co., 30 Mo. 35.— Salvage 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 of the property insured. Devitt v. Insur ance Co., 61 App. Div. 390, 70 N. Y. Supp. 662; Koons v. La Fonciere Compagnie (D. C.) 71 Fed. 981.— Total loss. See that title. LOST. An article is "lost" when the own er has lost the possession or custody of it, in voluntarily and by any means, but more par ticularly by accident or his own negligence or forgetfulness, and when he is ignorant of its whereabouts or cannot recover it by an ordinarily diligent search. See State Sav. Bank v. Buhl, 129 Mich. 193, 88 N. W. 471, 56 L. R. A. 944; Belote v. State, 36 Miss. 120, 72 Am. Dec. 163 ; Hoagland v. Amuse ment Co., 170 Mo. 335, 70 S. W. 878, 94 Am. St. Rep. 740. As applied to ships and vessels, 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 noth ing of it, whether it still exists or not, or one which they know is no longer within their use and control, either in consequence of capture by enemies or pirates, or an un Known foundering, or sinking by a known storm, or collision, or destruction by ship In insurance.

wreck. Bennett v. Garlock, 10 Hun (N. T.) 338; Collard v. Eddy, 17 Mo. 355; Insurance Co. v. Gossler, 7 Fed. Cas. v 406. —Lost or not lost. A phrase sometimes in serted in policies of marine insurance to sig nify that the contract is meant to relate back to the beginning of a voyage now in progress, or to some other antecedent time, and to be val id and effectual even if, at the moment of ex ecuting the policy, the vessel should have al ready perished by some of the perils insured against, provided that neither party has knowl edge of that fact or any advantage over the other in the way of superior means of infor mation. See Hooper v. Robinson, 98 U. S. 537, 25 L. Ed. 219; Insurance Co. v. Fol som, 18 Wall. 251, 21 L. Ed. 827.— Lost pa pers. Papers which have been so mislaid that they cannot be found after diligent search.— Lost property. Property which the owner has involuntarily parted with and does not know where to find or recover it, not including property which he has intentionally concealed or deposited in a secret place for safe-keeping. See Sovern v. Yoran, 16 Or. 269, 20 Pac. 100, 8 Am. St. Rep 293; Pritchett v. State, 2 Sneed (Tenn) 288, 62 Am. Dec. 468; State v. Cummings, 33 Conn. 260, 89 Am. Dec. 208; Loucks v. Gallogly, 1 Misc. Rep. 22, 23 N. Y. Supp. 126; Danielson v. Roberts, 44 Or. 108, 74 Pac. 913, 65 L. R. A. 526, 102 Am. St. Rep 627. ard. That which fortuitously determines what course shall be taken or what disposi tion 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 Derbyshire, which belong to the crown. In English law. Cer tain duties which must be paid by those who claim to exercise the elective franchise within certain cities and boroughs, before they are entitled to vote. It is said that the practice became uniform to refer to the poor rate as a register of "scot and lot" voters; so that the term, when employed to define a right of election, meant only the payment by a parishioner of the sum to which he was as sessed on the poor-rate. Brown. A small tract or par cel of land in a village, town, or city, suitable for building, or for a garden, or other similar uses. See Pilz v. Killingsworth, 20 Or. 432, 26 Pac. 305; Wilson v. Proctor, 28 Minn. 13, 8 N. W. 830; Webster v. Little Rock, 44 Ark. 551; Diamond Mach. Co. v. Ontonagon, 72 Mich. 261, 40 N. W. 448; Fitzgerald y. Thomas, 61 Mo. 500; Phillipsburgh v. Bruch, 37 N. J. Eq. 486. In old English law. A liberty or privilege to take amends for lying with a bondwoman without license. A lottery is any scheme for the disposal or distribution of property by chance among persons who have paid, or LOT AND SCOT. LOT OF LAND. LOTHERWITE, or LEYERWIT. LOTTERY. LOT. The arbitrament of chance; haz