Murr v. Western Assurance Co.
Appellate Division of the Supreme Court of the State of New York
Motion by the plaintiff, Charles Mnrr, for a new trial upon a case containing exceptions, ordered to be heard at the Appellate Division in the first instance, upon the dismissal of the complaint by direction of the court after a trial before the court and a jury at the Erie Trial Term.
1Opinion of the Court
Spring, J.:
In 1896 the plaintiff owned a canal boat in use on the Erie canal, which was insured by defendant in the sum of $1,700. On August 9, 1896, the boat ran against some concealed rocks in the canal near Pendleton, in the county of Niagara, and was badly injured. It was loaded with 8,000 bushels of wheat which became water-soaked and swelled, causing the boat to spread apart about three feet. The plaintiff promptly notified the defendant of the accident, and the next day its agent came from Buffalo and took possession of it for the purpose of making repairs, and it was towed to Buffalo.
B…
2Cases cited3 opinions
- Williams v. Delaware, Lackawanna & Western RailroadNew York Court of Appeals · 1898
- Murr v. Western Assurance Co. of TorontoAppellate Division of the Supreme Court of the State of New York · 1897
- Rollins v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by6 opinions
- State v. KellyNew Mexico Supreme Court · 1921
- Jenkins v. Equipment Center, Inc.Court of Appeals of Utah · 1994
- Deitch v. KesslerNew York Supreme Court · 1958
- Kindelberger v. KunowAppellate Division of the Supreme Court of the State of New York · 1907
- Kachurin v. American Iraq Shipping Co.New York Supreme Court · 1946
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