Snare & Triest Co. v. Fireman's Fund Ins. Co. of San Francisco
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. Suit in admiralty by the Snare & Triest Company against the Fireman's Fund Insurance Company of San Francisco. Decree for respondent, and libelant appeals.
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Appeal from the District Court of the United States for the Southern District of New York. Suit in admiralty by the Snare & Triest Company against the Fireman's Fund Insurance Company of San Francisco. Decree for respondent, and libelant appeals. Snare Company procured from Fireman’s Company marine insurance on a barge while in tow from Havana, Cuba, to Charleston, S. C.; but the policy was to be “free of particular average unless caused by stranding, sinking, burning, or collision.” On the voyage contemplated, upon the high seas, and in moderate weather, the barge filled, and sank “decks…
1Opinion of the Court
HOUGH, Circuit Judge.
The insured barge was always waterborne, and after becoming what the witnesses call “water-logged” was navigated over 80 miles, and then fastened to a wharf. Whether such a vessel can ever be said to have sunk, even within the meaning of a policy of insurance drawn and tendered by an insurer, is a question not requiring decision herein, because liability under this policy does not depend on the mere fact of a sinking (London Assurance v. Companhia de Moagens, 167 U. S. 149, 17 Sup. Ct. 785, 42 L. Ed. 113), but arises only if the particular average loss in suit was “caused…
2Cases cited1 opinion
- London Assurance v. Companhia De Moagens Do BarreiroSupreme Court of the United States · 1897
3Cited by4 opinions
- Larsen v. Insurance Company of North AmericaDistrict Court, W.D. Washington · 1965
- Merchants & Shippers Insurance v. St. Paul Fire & Marine InsuranceAppellate Division of the Supreme Court of the State of New York · 1927
- Morton v. BLUE RIDGE INSURANCE COMPANYSupreme Court of North Carolina · 1961
- DeRose v. Albany InsuranceDistrict Court, D. New Jersey · 1992