McKern v. Corporation of Royal Exchange Assurance
Oregon Supreme Court
From Multnomah: William N. Gatens, Judge. Action by E. L. McKern and M. S. Hughes against The Corporation of the Royal Exchange Assurance (of London) to .recover on a policy of insurance the damages resulting from the sinking of plaintiff’s motor boat in the waters of the Willamette River. From a judgment in favor of plaintiffs, defendant appeals. Submitted on briefs under the proviso of Supreme Court Rule 18: 56 Or. 622 (117 Pac. xi). Reversed and remanded. In Banc.
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From Multnomah: William N. Gatens, Judge. Action by E. L. McKern and M. S. Hughes against The Corporation of the Royal Exchange Assurance (of London) to .recover on a policy of insurance the damages resulting from the sinking of plaintiff’s motor boat in the waters of the Willamette River. From a judgment in favor of plaintiffs, defendant appeals. Submitted on briefs under the proviso of Supreme Court Rule 18: 56 Or. 622 (117 Pac. xi). Reversed and remanded. In Banc. Statement by Mr. Justice Harris. This is an action on an insurance policy. The plaintiffs owned a motor boat upon which the…
1Opinion of the CourtJustice Harris
1. The pleadings presented two issues: One concerned the liability of the defendant, and the other related to the amount of the loss sustained by the plaintiffs. To determine that the insurer is liable is only to take one of the two steps required to be taken before the plaintiffs are entitled to a judgment, for the insured have yet to show the amount of the loss sustained by them; and, hence, the judgment cannot be sustained. No evidence was offered upon any subject and consequently there was no evidence to warrant a judgment for $254.75, even though it be assumed that the defendant is…
2Cases cited11 opinions
- Cory v. Boylston Fire & Marine InsuranceMassachusetts Supreme Judicial Court · 1871
- Swift v. Union Mutual Marine InsuranceMassachusetts Supreme Judicial Court · 1877
- Perry v. CobbSupreme Judicial Court of Maine · 1896
- Higgie v. American LloydsDistrict Court, N.D. Illinois · 1882
- Soelberg v. Western Assur. Co.Court of Appeals for the Ninth Circuit · 1902
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3Cited by3 opinions
- Lewis v. Aetna Insurance CompanyOregon Supreme Court · 1973
- Watson v. Providence Washington Ins. Co.District Court, E.D. North Carolina · 1952
- Lewis v. Aetna Insurance CompanyOregon Supreme Court · 1973