Peters Another v. Phœnix Insurance
Supreme Court of Pennsylvania
ACTION on a policy of insurance on the brig Madeira, at and from Philadelphia to Charléston, and at and from thence to Madeira. , ' • , ' [ ■ , 1 , ' , . The brig arrived in safety at Charleston, and after remaining there some time, sailed on the 16th October, 1812, for Madeira. In going over the bar of Charleston she struck several times very hard, and on proceeding to sea, was soon found to be in a leaky condition.
Read the full summary
ACTION on a policy of insurance on the brig Madeira, at and from Philadelphia to Charléston, and at and from thence to Madeira. , ' • , ' [ ■ , 1 , ' , . The brig arrived in safety at Charleston, and after remaining there some time, sailed on the 16th October, 1812, for Madeira. In going over the bar of Charleston she struck several times very hard, and on proceeding to sea, was soon found to be in a leaky condition. The leak increasing, it was determined, on the 24th October, to make the first safe harbour. Accordingly the course was altered to the westward, and on the ,31st October, the…
1Opinion of the Court
Tilghman C. J.
After having stated the facts, delivered the following opinion.
No authority has been produced in support of the first objection. When a ship, which has received damage, puts into port to repair, the captain, or agent, who superintends the repairs, is bound to use due diligence. But it may be impossible to make a complete repair, either for want of materials, or of skilful workmen, or of accommodations for heaving the ship down, in order to make a thorough search. This objection was not urged at the trial. If it had been, the jury might have judged, whether there had been…
2Cited by5 opinions
- Union Insurance v. SmithSupreme Court of the United States · 1888
- American Insurance v. Ogden & McCombNew York Supreme Court · 1838
- Smith v. Northwestern Fire & Marine InsuranceNew York Court of Appeals · 1927
- Pezant v. National InsuranceNew York Supreme Court · 1836
- Eyre v. Marine InsuranceSupreme Court of Pennsylvania · 1841