Western Assur. Co. v. Southwestern Transp. Co.
Court of Appeals for the Fifth Circuit
Appeal from the District Court of the United States for the Eastern District of Louisiana. This was a libel by the Southwestern Transportation Company against the Western Assurance Company, to recover upon a policy of marine insurance insuring the model barge Charlie Fierce in the sum of $1,250.' The damage for which recovery was sought was occasioned by the springing of a leak in the barge while she was lying at blew Orleans moored on the outside of another barge; and the…
Read the full summary
Appeal from the District Court of the United States for the Eastern District of Louisiana. This was a libel by the Southwestern Transportation Company against the Western Assurance Company, to recover upon a policy of marine insurance insuring the model barge Charlie Fierce in the sum of $1,250.' The damage for which recovery was sought was occasioned by the springing of a leak in the barge while she was lying at blew Orleans moored on the outside of another barge; and the cause thereof, as alleged in the libel, was the surging and straining of the Charlie Pierce against the barge to which…
1Opinion of the Court
PARDEE, Circuit Judge.
This is a suit in admiralty to recover . for a partial loss under a marine policy of insurance. As the issues are presented by the libel and answer, the burden of showing that the model barge insured was seaworthy, and that the loss happened through perils of the river, is on the libelant. The issues are wholly of fact; and, the district court having found them in favor of the libelant in the court below (appellee in this court), Ave might affirm, on the general rule declared by this court in The City of Macon, 2 U. S. App. 396, 2 C. C. A. 564, 51 Fed. 949: “On an appeal…
2Cases cited1 opinion
- Bedouin Steam Nav. Co. v. City of MaconCourt of Appeals for the Fifth Circuit · 1892
3Cited by3 opinions
- Peninsular & O. S. S. Co. v. Atlantic Mut. Ins.District Court, E.D. Pennsylvania · 1911
- Hilton v. Federal InsuranceCalifornia Court of Appeal · 1931
- Western Assur. Co. v. Southern Cotton Oil Co.Court of Appeals for the Fifth Circuit · 1895