Insurance Co. of North America v. The Energia & The Wild Pigeon
District Court, S.D. New York
This was a libel by the Insurance Company of North America and others against the steamship Energia and the schooner Wild Pigeon for damages by collision between the vessels to the cargo of the steamship, of which libelants were insurers. The steamship was held in fault. 56- Fed. 124. The question of libelants’ right to recover, as damages, average charges upon the cargo, was submitted upon the pleadings and a stipulation as to the facts.
1Opinion of the Court
BROWN, District Judge.
The libelant company was insurer of a shipment of 68,838 cases of oil by Oarleton & Moffat on board the steamship Energia, deliverable at Shanghai, China. In going down New York Bay, the steamer met with a collision, by her own •fault, which compelled her to return to New York for repairs. The Energia, 56 Fed. 124. Pending such repairs, about 30,000 cases had to be discharged, of which 16,508 were so damaged by the collision that they were ordered to be sold in this port, resulting in a net loss of $8,528.57. The libelants, representing the interest of Moffat & Co.,…
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