Coburn v. Utah Home Fire Insurance

Plaintiff brought this action to recover from defendant, a marine insurer, for loss plaintiff sustained when a vessel owned by plaintiff was sunk while moored in the Port of New Orleans. The case was tried to a jury and a verdict was returned for plaintiff. The trial court allowed a motion for judgment n.o.v. and plaintiff appeals from the judgment entered accordingly.

The only issue presented by the case is the sufficiency of the evidence to require that a jury decide if the sinking was caused by a “peril of the sea.” Other issues were presented but we have found the one stated to be decisive.