St. Paul Fire & Marine Ins. v. Snare & Triest Co.
Court of Appeals for the Second Circuit
In Error to the District Court of the United States for the Southern District of New York. Action at law by the Snare & Triest Company against the St. Paul Fire & Marine Insurance Company. Judgment for plaintiff, and defendant brings error.
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In Error to the District Court of the United States for the Southern District of New York. Action at law by the Snare & Triest Company against the St. Paul Fire & Marine Insurance Company. Judgment for plaintiff, and defendant brings error. This case is here after the retrial ordered in 258 Fed. 425, 169 C. C. A. 441. The evidence outlined in that report was given again; but it further appeared that the witnesses who had testified to the scow’s overhaul before starting on her last voyage had never seen her bottom, and that no effort of any kind, had been made to examine the bottom from its…
1Opinion of the CourtHough, Circuit Judge
(after stating the facts as above). The record before us contains more particulars and details than were offered when the case was here before, but the essential facts are not changed. The insured is still compelled to assert in effect that, because the scow was overhauled, dry-docking or any equivalent therefor may be excused. A new trial was awarded because, in our opinion, issues had been presented to the jury which were wholly immaterial, and there appeared no appreciation on the part of all concerned that the one issuable fact was whether the representation as to dry-docking had been…
2Cases cited5 opinions
- Hazard's Administrator v. New England Marine InsuranceSupreme Court of the United States · 1834
- Manning v. School District No. 6Wisconsin Supreme Court · 1905
- American Mercantile Corp. v. SpielbergCourt of Appeals for the Second Circuit · 1919
- Long Dock Mills & Elevator Co. v. Mannheim Ins.District Court, S.D. New York · 1902
- Long Dock Mills & Elevator Co. v. Mannheim Ins.Court of Appeals for the Second Circuit · 1903