Legal Opinion

Citizen's Insurance v. Glasgow

Supreme Court of Missouri

Decided October 15, 1845PublishedCited by 6 opinions

APPEAL from St. Louis Circuit Court. To generalize the questions in this case, before examing the instructions in detail, I submit the following propositions : 1st. That upon reason and authority a loss to a steamboat occasioned by tho ljursting of a boiler, is a loss covered by the policy. 11th Ohio Reports, 147. 2nd.

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APPEAL from St. Louis Circuit Court. To generalize the questions in this case, before examing the instructions in detail, I submit the following propositions : 1st. That upon reason and authority a loss to a steamboat occasioned by tho ljursting of a boiler, is a loss covered by the policy. 11th Ohio Reports, 147. 2nd. That the construction of the clause in the policy, exempting the insurers from liability for bursting pf boilers and breaking of engines, is, that the insurers in a ease of partial loss, are not liable for the damage to the boiler bursting, or the engine breaking, without…

1Opinion of the CourtNapton, J.

This case was originally an action of covenant, brought to recover upon a policy of insurance upon the steamboat Wilmington. By agreement, the pleadings were withdrawn, a declaration in assumpsit substituted, and the general issue pleaded.

The policy was in the usual form of river policies, the perils insured against being those “ of rivers, fires, enemies, pirates, rovers, assailing thieves, and all other perils, losses and misfortunes, which should come to the damage of the said steamboat, according to the general laws of insurance.55' Among the other warranties or agreements, was the…

2Cases cited2 opinions

  1. Marcardier v. Chesapeake InsuranceSupreme Court of the United States · 1814
  2. St. Louis Insurance v. GlasgowSupreme Court of Missouri · 1844

3Cited by6 opinions

  1. McGarvin-Moberly Construction Co. v. WeldenWyoming Supreme Court · 1995
  2. Strong v. . Sun Mutual Ins. Co.New York Court of Appeals · 1865
  3. Listers Agricultural Chemical Works v. Home Ins. Co.District Court, S.D. New York · 1912
  4. Miller v. California InsuranceCalifornia Supreme Court · 1888
  5. McGarvin-Moberly Construction Co. v. WeldenWyoming Supreme Court · 1995

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