Legal Opinion

Western Insurance v. Tobin

Ohio Supreme Court

Decided December 15, 1877Published

Error to the Superior Court of Cincinnati. This is an action by the owners of the steamboat Wade Hampton, on a policy of insurance, issued February 15,1871, against perils of the river, etc. for one year, with permission to navigate the Ohio, Mississippi and Ouchita rivers, and so much of Red and Black rivers as necessary in passing between Cuchita and Mississippi rivers.

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Error to the Superior Court of Cincinnati. This is an action by the owners of the steamboat Wade Hampton, on a policy of insurance, issued February 15,1871, against perils of the river, etc. for one year, with permission to navigate the Ohio, Mississippi and Ouchita rivers, and so much of Red and Black rivers as necessary in passing between Cuchita and Mississippi rivers. One condition of the policy required the boat to be “tight and sound,” and run and navigated, as is usual for boats of her class, and in tbe usual prosecution of business. It is charged in tbe petition, that on the 6th of…

1Opinion of the CourtAshburn, J.

The first question we will consider arises on the exceptions by the defendant below to the special charges given, the special charges refused, and the general charge to the jury.

Plaintiffs below requested the court to give in charge to the jury a series of eight propositions, each of the series *88numbered. Some of them the court gave in form as requested ; others as modified in the general charge. To these charges the defendant below excepted in this form, viz: “ To the giving of which charges the defendant at the time excepted.”

This exception, we think, too general. If it was the purpose to…

2Cases cited11 opinions

  1. United States v. GoodingSupreme Court of the United States · 1827
  2. Elwood v. . the Western Union Telegraph Co.New York Court of Appeals · 1871
  3. Beaver v. TaylorSupreme Court of the United States · 1876
  4. Ayrault v. . the Pacific BankNew York Court of Appeals · 1872
  5. Caldwell v. . MurphyNew York Court of Appeals · 1854

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