Legal Opinion
Rockwood Co. v. Northwestern Fire & Marine Ins.
District Court, E.D. New York
Decided May 4, 1928No. 2976PublishedCited by 4 opinions
1Opinion of the Court
CAMPBELL, District Judge.
This is a motion made by the plaintiff to compel the defendant to give a bill of particulars of its several defenses. The plaintiff is suing on a policy of marine insurance covering a certain-cargo of merchandise which was laden on board the lighter George. The cargo suffered, damage, and the plaintiff alleges that this damage was caused by perils of the sea, and that such loss is covered by the policy of insurance issued by the defendant.
The burden of proof in this action is upon the plaintiff to show that the loss occurred by perils of the sea, and that he has duly…
2Cases cited12 opinions
- Richelieu & Ontario Navigation Co. v. Boston Marine InsuranceSupreme Court of the United States · 1890
- Union Insurance v. SmithSupreme Court of the United States · 1888
- American Merchant Marine Ins. v. Liberty Sand & Gravel Co.Court of Appeals for the Third Circuit · 1922
- Fireman's Fund Ins. v. Globe Nav. Co.Court of Appeals for the Ninth Circuit · 1916
- Cunard v. . FrancklynNew York Court of Appeals · 1888
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3Cited by4 opinions
- United States v. Association of American RailroadsDistrict Court, D. Nebraska · 1945
- National Millwork Corp. v. Preferred Mut. F. Ins. Co.District Court, E.D. New York · 1939
- Prutinsky v. Commercial Union Assur. Co.District Court, S.D. New York · 1940
- Kincheloe v. American Airlines, Inc.District Court, N.D. California · 2021