Bullard v. Roger Williams Ins.
U.S. Circuit Court for the District of Rhode Island
This was an action [by Silas Bullard and others] on a policy of marine insurance on the brig Star, at and from Fall River to Havana, and thence to a northern port in the United States. The vessel was valued in the policy at $3,000, and was insured for $2,-000. It appeared that the vessel performed her outward voyage to Havana, took a cargo of molasses there, and sailed on her return voyage.
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This was an action [by Silas Bullard and others] on a policy of marine insurance on the brig Star, at and from Fall River to Havana, and thence to a northern port in the United States. The vessel was valued in the policy at $3,000, and was insured for $2,-000. It appeared that the vessel performed her outward voyage to Havana, took a cargo of molasses there, and sailed on her return voyage. Soon after leaving the harbor of Havana, she met the cross sea, which is ordinarily thrown up in the Florida gulf, by the meeting of the trade wind and the gulf stream. She soon sprung a leak, which…
1Opinion of the Court
CURTIS, Circuit Justice.
The plaintiffs claim to recover from the defendants a sum *644of money alleged to be due under a policy of insurance. They show that at Key West this vessel needed certain repairs. It is incumbent on them to prove that these repairs were rendered necessary by some peril insured against in the policy. Even if you are satisfied, this vessel was seaworthy at the beginning of her voyage, there is no presumption that the necessity for these repairs was occasioned by a peril insured against. The burden is still on the insured to prove that by some peril within the policy, the…
2Cited by8 opinions
- Employers Insurance of Wausau, in Its Own Right, and as Representative of Those Certain American Underwriters Subscribing to Certificate No. 14880, Etc. v. Occidental Petroleum Corporation v. Avondale Shipyards, Inc., Occidental Petroleum Corporation v. Avondale Shipyards, Inc.Court of Appeals for the Fifth Circuit · 1993
- Fireman's Fund Ins. v. Globe Nav. Co.Court of Appeals for the Ninth Circuit · 1916
- The FreyCourt of Appeals for the Second Circuit · 1901
- Soelberg v. Western Assur. Co.Court of Appeals for the Ninth Circuit · 1902
- Baker v. Merchants' Mut. Ins.U.S. Circuit Court for the District of Eastern Louisiana · 1883
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