May v. Delaware Insurance
Supreme Court of Pennsylvania
Error to tbe District Court of Allegheny county. This was an action of assumpsit in the District Court of Allegheny county, by James May against the Delaware Mutual Safety Insurance Company, to recover from the Company the 4-llth parts of a loss sustained by the plaintiff as owner of the steamboat “ St. Anthony,” from an injury sustained by the boat on the Ohio river. The boat was valued at $11,000, and on the 8th March, 1847, was insured for $4000 for one year.
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Error to tbe District Court of Allegheny county. This was an action of assumpsit in the District Court of Allegheny county, by James May against the Delaware Mutual Safety Insurance Company, to recover from the Company the 4-llth parts of a loss sustained by the plaintiff as owner of the steamboat “ St. Anthony,” from an injury sustained by the boat on the Ohio river. The boat was valued at $11,000, and on the 8th March, 1847, was insured for $4000 for one year. The policy was not actually taken out. The plaintiff declared on the usual form of policy issued by the Company. The form of policy…
1Opinion of the Court
The opinion of the Court was delivered, by
Lowrie, J.
The plaintiff had his steamboat insured by the defendants, and on her voyage down the Ohio river, in May 1847, she struck a rock in the channel, by which she was so injured that it was necessary to run her ashore, where she afterwards filled with water and sunk. After several days’ severe exertions of the officers and crew, together with extra hands, the boat was raised. The injury amounted to only a partial loss, and the plaintiff claimed in the Court below to have the wages and provisions of the crew, during the detention caused by the…
2Cases cited7 opinions
- Padelford v. BoardmanMassachusetts Supreme Judicial Court · 1808
- Dunham v. Commercial InsuranceNew York Supreme Court · 1814
- Watson v. Marine InsuranceNew York Supreme Court · 1810
- M'Bride v. Marine InsuranceNew York Supreme Court · 1811
- Sage v. Middletown Insurance Co.Supreme Court of Connecticut · 1814
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