Moores v. Louisville Underwriters
United States Circuit Court
The defendant company issued a “cargo policy” on a raft of logs to be towed by the steam-boat Trader from the mouth of the Obion river down the Mississippi river to the mills in the city of Memphis, situated a few hundred feet above the mouth of Wolf river.
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The defendant company issued a “cargo policy” on a raft of logs to be towed by the steam-boat Trader from the mouth of the Obion river down the Mississippi river to the mills in the city of Memphis, situated a few hundred feet above the mouth of Wolf river. The words of the policy involved in the controversy were these: “Touching the adventures and perils which the said compnny is contented to bear and take upon itself, they are of the lakes, seas, rivers, canals, railroads, fires, and jettisons.” The tow-boat Trader, having the raft in tow, reached the mouth of Wolf river, and doubting her…
1Opinion of the Court
Hammond, B. J.
This ease has been twice argued, — the court, by stipulation, under the statute, sitting without a jury. On the first argument it seemed to me plain that, there being no extraordinary action of the elements, nor, so far as I could see, any apparent peril of the river to cause the loss, nor any proof of damage by some unseen peril of navigation, the judgment should be for the defendant company on the ground that there was some inherent defect in the thing insured, which rendered the raft incapable of enduring the ordinary strain of navigation, although the proof, outside the fact…
2Cases cited2 opinions
- Waters v. Merchants' Louisville InsuranceSupreme Court of the United States · 1837
- General Mutual Insurance v. SherwoodSupreme Court of the United States · 1853
3Cited by17 opinions
- Fireman's Fund Ins. v. Globe Nav. Co.Court of Appeals for the Ninth Circuit · 1916
- Glens Falls Insurance v. LongSupreme Court of Virginia · 1953
- Massey Steamship Co. v. Importers & Exporters InsuranceSupreme Court of Minnesota · 1922
- Western Assur. Co. of Toronto v. ShawCourt of Appeals for the Third Circuit · 1926
- Hillman Transportation Co. v. Home InsuranceSupreme Court of Pennsylvania · 1920
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