Webb v. Protection Insurance
Ohio Supreme Court
This case was adjourned from Hamilton county, on a motion for a new trial made by the defendants. It was an action of assumpsit on a policy of insurance, in which the defendants took a risk of five thousand dollars upon the hull, engine, tackle, and furniture of the steamboat G-alena, valued at seven thousand dollars, against unavoidable, external violence in navigating the western waters, for six months.
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This case was adjourned from Hamilton county, on a motion for a new trial made by the defendants. It was an action of assumpsit on a policy of insurance, in which the defendants took a risk of five thousand dollars upon the hull, engine, tackle, and furniture of the steamboat G-alena, valued at seven thousand dollars, against unavoidable, external violence in navigating the western waters, for six months. On trial to the jury, it appeared that in a voyage from Louisville, in Kentucky, to Florence, in Alabama, the boat struck a rock near the head of Colbert’s Island, in the Tennessee river,…
1Opinion of the Court
Judge Wright
delivered the opinion of the court:
The motion for a new trial first claims our attention. The items of Robinson’s bill are by the jury placed under our supervision in settling the law of the case, and it will not be necessary to grant a new trial on that account; even if some of the items in the amount were improperly charged. But if it was not so, there was evidence given to the jury upon those items, as upon all the other matters objected to as found without evidence. The evidence submitted warranted the jury in finding as they did, as to all the general items, but that for the…
2Cases cited2 opinions
- Oliver v. Newburyport InsuranceMassachusetts Supreme Judicial Court · 1807
- Sage v. Middletown Insurance Co.Supreme Court of Connecticut · 1814