Burnham v. China Mutual Insurance
Massachusetts Supreme Judicial Court
Seven actions op contract, each on a policy of marine insurance, by the owner of the steamship Shawmut for injuries to that vessel alleged to have been caused by coming into collision with the schooner Abraham Richardson in Vineyard Sound on April 1, 1900. Writs dated September 13,1900. The original plaintiff having died, the executors under his will were admitted to prosecute the actions. In the Superior Court the cases were submitted on an agreed statement of facts.
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Seven actions op contract, each on a policy of marine insurance, by the owner of the steamship Shawmut for injuries to that vessel alleged to have been caused by coming into collision with the schooner Abraham Richardson in Vineyard Sound on April 1, 1900. Writs dated September 13,1900. The original plaintiff having died, the executors under his will were admitted to prosecute the actions. In the Superior Court the cases were submitted on an agreed statement of facts. That court in each of the actions ordered judgment pro forma for the defendant; and the plaintiff appealed. The agreed…
1Opinion of the CourtLathrop, J.
Some of the policies in these cases cover “ the risk of collision sustained ” and others are against “ loss sustained by collision with another vessel.” We are of opinion that the two forms mean the same thing, namely, collision with another vessel. We agree with the plaintiff that if a vessel is temporarily aground, or at anchor, or at her dock, and is run into by another vessel, this is a collision with another vessel within the meaning of the policies. London Assurance v. Companhia De Moagens Do Barreiro, 167 U. S. 149, and cases cited. So, it may be true, as was decided in Chandler v.…
2Cases cited2 opinions
- London Assurance v. Companhia De Moagens Do BarreiroSupreme Court of the United States · 1897
- Cline v. Western Assurance Co.Supreme Court of Virginia · 1903
3Cited by7 opinions
- Lehigh & Wilkes-Barre Coal Co. v. Globe & Rutgers Fire Ins. Co.Court of Appeals for the Second Circuit · 1925
- Lepman v. Employers Liability Assurance Corp.Appellate Court of Illinois · 1912
- Alexander v. Home InsuranceHawaii Supreme Court · 1923
- Commonwealth v. BleakneyMassachusetts Supreme Judicial Court · 1932
- Hanover Insurance Company v. SonfieldCourt of Appeals of Texas · 1965
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