Walker v. United States Insurance
Supreme Court of Pennsylvania
This cause was tried before hiá honour Judge Gibson, at Nisi Prius, on the 11th December, ISIS. It was an action upon a policy of insurance on the schooner Priidence, in which the plaintiff claimed for a total loss. A verdict was found for him for 4,245 dollars 70 cents, subject to the opinion of the court, whether upon the evidence, he was entitled to recover for a total loss.
Read the full summary
This cause was tried before hiá honour Judge Gibson, at Nisi Prius, on the 11th December, ISIS. It was an action upon a policy of insurance on the schooner Priidence, in which the plaintiff claimed for a total loss. A verdict was found for him for 4,245 dollars 70 cents, subject to the opinion of the court, whether upon the evidence, he was entitled to recover for a total loss. All the evidence in the case was embraced in the protest of the captain, made in conjunction with two seamen, at Gibraltar, on the 6th January, 1813, and his deposition, subsequently made in Philadelphia. ' From the…
1Opinion of the Court
The opinion of the court was delivered by
Gibson, J.
Leaving the authority of Sims v. Gurney and Smith, untouched, it is sufficient to say, that case does not go as far as the case at bar. I cannot discover in the facts submitted by the jury, any settled determination to run the vessel ashore at all. The protest of the master and his officers at Gibraltar, and the deposition of the master here, comprise all the evidence in the cause; and in the protest it is said, that when the schooner began to start from her moorings, the jib was hoisted to make her pay round, which was found to be…
2Cited by4 opinions
- Barnard v. AdamsSupreme Court of the United States · 1851
- Slater v. Hayward Rubber Co.Supreme Court of Connecticut · 1857
- Barnard v. AdamsSupreme Court of the United States · 1851
- Lee v. GrinnellThe Superior Court of New York City · 1856