Collier v. Valentine ex rel. St. Louis Insurance
Supreme Court of Missouri
APPEAL from St. Lcuis Circuit Court. Statement of the Case. Valentine brought an action on the case for the use of the St. Louis Iusurance Company, against Collier and ethers, the appellants, to recover the value of fourteen casks of bacon, shipped by Valentine on the steamboat Oregon, (of which the defendants were owners,) on a voyage from St. Louis to New Orleans.
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APPEAL from St. Lcuis Circuit Court. Statement of the Case. Valentine brought an action on the case for the use of the St. Louis Iusurance Company, against Collier and ethers, the appellants, to recover the value of fourteen casks of bacon, shipped by Valentine on the steamboat Oregon, (of which the defendants were owners,) on a voyage from St. Louis to New Orleans. The Oregon, in a previous voyage from New Orleans, had broken a shaft, at about midway between New Orleans and St. Louis, and had come up with one wheel. As she was then partly loaded for Quincy in Illinois, she went on to that…
1Opinion of the CourtScott, J.
The principal question discussed in this case, is, whether if a steamboat not seaworthy, on which there is a contract of affreightment, departs on a voyage and is afterwards sunk, in an action against the owners for not providing proper means for safely carrying the cargo, the defendant can show as a defence that the loss was occasioned by a peril excepted in the contract, and was in no manner influenced by the defect of unseaworthiness, and that it would have happened, even had the boat been seaworthy ? Had there been a policy on the cargo, it would not have admitted of a question, that…
2Cases cited1 opinion
- McArthur v. SearsNew York Supreme Court · 1839
3Cited by6 opinions
- Hill v. SturgeonSupreme Court of Missouri · 1859
- City of McCook v. McAdamsNebraska Supreme Court · 1906
- Weaver v. Southern Railway Co.Missouri Court of Appeals · 1909
- Costigan v. Michael Transportation Co.Missouri Court of Appeals · 1888
- Ready v. Steamboat Highland MarySupreme Court of Missouri · 1853
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