Plyer v. German-American Insurance
New York Supreme Court
Appeal from circuit court. Action by William H. Flyer against the German-American Insurance Company on a policy of insurance issued on the mud-digger known as “Yard and Docks No. 125.” There was the following stipulation in the policy: “It is understood that the said vessel is in charge of a watchman.” There was a trial which resulted in a verdict and judgment for defendant.
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Appeal from circuit court. Action by William H. Flyer against the German-American Insurance Company on a policy of insurance issued on the mud-digger known as “Yard and Docks No. 125.” There was the following stipulation in the policy: “It is understood that the said vessel is in charge of a watchman.” There was a trial which resulted in a verdict and judgment for defendant. After trial, plaintiff moved for a new trial on the ground of newly-discovered evidence, which motion was denied, and he appealed from the judgment and the order denying the motion.
1Opinion of the Court
Barnard. P. J.
The policy covered the vessel insured “while lying at anchor in Cow bay, Great Neck, L. I.” The case was mainly tried upon the question of fact whether the vessel, at the time of the fire, was lying at anchor or was beached at one end, and never afloat at any state of the tide. Upon this question the witnesses are numerous on each side, and the testimony is irreconcilable. It is even difficult to harmonize the statements as resulting from an imperfect memory, or from a lack of close observation. Ah the time of the application for insurance, the insured vessel lay along-side of…
2Cases cited28 opinions
- Moores v. WillsTexas Supreme Court · 1887
- Sabine & East Texas Railway Co. v. WoodTexas Supreme Court · 1888
- Romertze v. . East River National BankNew York Court of Appeals · 1872
- Patterson v. CollierSupreme Court of Georgia · 1887
- Traveler's Insurance v. HarveySupreme Court of Virginia · 1885
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3Cited by1 opinion
- Voltz v. WilsonNew York Supreme Court · 1889