Snyder v. Home Ins.
District Court, S.D. New York
In Admiralty. Action upon insurance policy to recover damages caused by the sinking of a steam canal boat while lying at a dock in Jersey City on the night of June 10, 1903, during the absence of the master and crew. Several persons visited the boat at intervals to see that she was in safety, but between the times of their visits she filled and sunk.
Read the full summary
In Admiralty. Action upon insurance policy to recover damages caused by the sinking of a steam canal boat while lying at a dock in Jersey City on the night of June 10, 1903, during the absence of the master and crew. Several persons visited the boat at intervals to see that she was in safety, but between the times of their visits she filled and sunk. The policy contained the following provision: “Warranted by the insured that the said vessel * * * shall at all times have a competent watchman on board.”
1Opinion of the Court
HOLT, District Judge.
I think that the admitted breach of the warranty that the canal boat should at all times have a competent watchman on board bars a recovery. The cases of Lewis v. Ætna Ins. Co. (D. C.) 123 Fed. 157, and Lewis v. Barber Asphalt Co., Id. 161, do not seem to me to hold to the contrary. In those cases there was a warranty of seaworthiness. The owners had provided a competent master and crew, but the master was not on board. The court held that the warranty was not broken. In this case there was an express warranty that the boat should at all times have a competent watchman on…
2Cases cited1 opinion
- Lewis v. Ætna Ins.District Court, S.D. New York · 1903
3Cited by9 opinions
- Shamrock Towing Co. v. American Ins. Co.Court of Appeals for the Second Circuit · 1925
- Jarvis Towing & Transportation Corp. v. Aetna InsuranceNew York Court of Appeals · 1948
- Levine v. Aetna Ins.Court of Appeals for the Second Circuit · 1943
- Whealton Packing Co. v. Ætna Ins.Court of Appeals for the Fourth Circuit · 1911
- Ciconett v. Home Ins.District Court, W.D. Kentucky · 1948
4 more not listed; retrieve them via the Exa API.