Van Vliet v. Greenwich Insurance
New York Court of Common Pleas
Appeal from a judgment of this court entered upon the verdict of a jury and from an order denying a motion for a new trial. The action was brought to recover for damage to a cargo of malt, on board of the canal boat “ George Knight ” in transit from Newark to New York, insured by an open policy issued by defendant.
1Opinion of the CourtJ. F. Daly, J.
There was no proof of any loss within the perils insured against, and no proof of the seaworthiness of the boat. The burden was on the plaintiff, the insured, to prove both.
A motion was made to dismiss the complaint on these grounds at the close of the plaintiff’s case, and denied, and exception taken. The proof was not supplied. The burden, of proof is on the insured to show that the loss arose from a peril of the kind insured against (2 Greenleaf Evid. 385, 387; 2 Parsons Mar. Ins. 5, 18).
In this case the only evidence was that when the boat was brought in, the malt was in a damaged…
2Cases cited3 opinions
- Van Wickle v. Mechanics & Traders' InsuranceNew York Court of Appeals · 1884
- Moses v. Sun Mutual InsuranceThe Superior Court of New York City · 1852
- Rogers v. Sun Mutual InsuranceThe Superior Court of New York City · 1880
3Cited by1 opinion
- Paddock-Hawley Iron Co. v. Providence-Washington InsuranceMissouri Court of Appeals · 1906