Swift v. Union Mutual Marine Insurance
Massachusetts Supreme Judicial Court
Contract on a policy of insurance on the bark Trident and outfits, “ wherever she may go on a whaling voyage,” from September 5, 1871, to September 5, 1875, against perils of the sea “ and all other losses and misfortunes, which have or shall come to the damage of the said ” bark.
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Contract on a policy of insurance on the bark Trident and outfits, “ wherever she may go on a whaling voyage,” from September 5, 1871, to September 5, 1875, against perils of the sea “ and all other losses and misfortunes, which have or shall come to the damage of the said ” bark. The vessel was valued at $15,000, and the outfits at $29,000. At the trial in this court, before Colt, J., it appeared that the vessel sailed from New Bedford on September 5, 1871; that, while engaged in whaling in the Arctic Océan, her cutwater was injured by coming in contact with floating ice ; that afterwards…
1Opinion of the CourtEndicott, J.
The principal question to be decided is, whether, upon the evidence reported, the jury would be justified in finding a verdict for the plaintiff on the ground that there was a total loss of the ship by a peril insured against.
While cruising for whales in the Arctic Ocean, at the close of the previous season, the cutwater of the ship was injured by striking against floating ice; this caused her to leak, and rendered it necessary to repair her. On her arrival at Panama it was found, upon examination, that she could not be properly repaired while afloat, and in order to put her safely on the…
2Cases cited2 opinions
- Paddock v. Commercial InsuranceMassachusetts Supreme Judicial Court · 1870
- Potter v. Suffolk Ins. Co.U.S. Circuit Court for the District of Massachusetts · 1835
3Cited by10 opinions
- Tropical Marine Products, Inc. v. Birmingham Fire Insurance Company of PennsylvaniaCourt of Appeals for the Fifth Circuit · 1957
- Plymouth Rubber Co. v. Insurance Co. of North America, Inc.Massachusetts Appeals Court · 1984
- Massey Steamship Co. v. Importers & Exporters InsuranceSupreme Court of Minnesota · 1922
- Hillman Transportation Co. v. Home InsuranceSupreme Court of Pennsylvania · 1920
- Watson v. Providence Washington Ins. Co.District Court, E.D. North Carolina · 1952
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