Ralston v. Union Insurance
Supreme Court of Pennsylvania
This was an action of covenant upon a policy of insurance for 15,000 dollars, on the ship Benjamin Franklin, valued at that sum for three fourths of the vessel, “ at and from Philadelphia to Batavia, and at and from thence to Cowes and a market, &c., with liberty to touch and trade as usual.” The plaintiff declared for a total loss by perils of the sea.
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This was an action of covenant upon a policy of insurance for 15,000 dollars, on the ship Benjamin Franklin, valued at that sum for three fourths of the vessel, “ at and from Philadelphia to Batavia, and at and from thence to Cowes and a market, &c., with liberty to touch and trade as usual.” The plaintiff declared for a total loss by perils of the sea. The cause was tried before Yeates J. at a Nisi Prius in November last, when the jury found a verdict for a total loss; and now upon a motion for a new trial by the defendants his Honor reported the material facts as follows: The ship Benjamin…
1Opinion of the Court
*Tiluhman C. J.
The only question in this case seems to be, whether the plaintiff had a right to abandon. If he had not, the vei’dict is wrong, for the jury haye given damages for a total loss. The ship reached her port of destination, having suffered damage by running on a sand bank. The captain thinks, that she could not have been repaired at Antwerp. But that is not material. The insurance ended at that port. All that can be demanded of the underwriters is to make good the damage sustained during the voyage. If that damage amounts to 50 per cent, the insured may abandon. A ship may have…
2Cited by2 opinions
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