Green v. Globe & Rutgers Fire Insurance
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Globe and Rutgers Fire Insurance Company, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Richmond on the 25th day of June, 1921, upon the verdict of a jury.
1Per curiam
The appellant correctly states the law that the burden of proof is upon the plaintiff to prove that the loss occurred as the result of a peril insured against, and that when shortly after sailing a vessel springs a leak without encountering any peril of the sea there is a presumption that she was unseaworthy at the commencement of the voyage. But in the case at bar there was evidence believed by the jury that the vessel was seaworthy when she started on the voyage, and that the leaks which thereafter caused her total loss were caused by the continued navigation against a heavy wind and sea.…
2Cited by9 opinions
- Vasile v. Hartford Accident & Indemnity Co.Appellate Division of the Supreme Court of the State of New York · 1995
- Olenick v. Government Employees InsuranceNew York Supreme Court · 1971
- Borgemeister v. Union Insurance Society of Canton, Ltd.City of New York Municipal Court · 1926
- Glogvics v. Preferred Accident InsuranceAppellate Division of the Supreme Court of the State of New York · 1935
- Fine v. American Eagle Fire InsuranceCity of New York Municipal Court · 1941
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