The Alcona
District Court, E.D. Illinois
In Admiralty. This was a libel in personam by Charles Bewick et al., owners of the propeller Alcona, against the Detroit Pire & Marine Insurance Company, to recover for a general average contribution. The policy insured the propeller against total loss and general average only in the sum of $10,000. The answer denied that the libel set up a proper claim for general average.
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In Admiralty. This was a libel in personam by Charles Bewick et al., owners of the propeller Alcona, against the Detroit Pire & Marine Insurance Company, to recover for a general average contribution. The policy insured the propeller against total loss and general average only in the sum of $10,000. The answer denied that the libel set up a proper claim for general average. By a stipulation of facts it appeared that the Alcona, with a cargo of 37,000 bushels of corn, left Toledo, Ohio, for Buffalo, and while proceeding down the Maumee river, when on the range stakes, brought up on the bottom,…
1Opinion of the Court
Brown, D. J.
So far as the facts of this case are concerned, I am satisfied that there is no evidence which would be proper"to go to a jury that the Alcona was in any danger of total loss or serious damage to herself or cargo. There is no allegation to that effect in the libel. She lay upon an even keel, upon a bank of sand, clay, and mud, several miles from the mouth of the Maumee, protected from the heavy winds and sea of the open lake. A rise in the water would have floated her off without assistance, and it was very improbable that any such fall would occur as would put her in any serious…
2Cases cited6 opinions
- EJ DuPont De Nemours & Co. v. VanceSupreme Court of the United States · 1857
- Lawrence v. MinturnSupreme Court of the United States · 1855
- Star of HopeSupreme Court of the United States · 1870
- Columbian Insurance Company v. Ashby & StriblingSupreme Court of the United States · 1839
- McAndrews v. ThatcherSupreme Court of the United States · 1866
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- The LackawannaDistrict Court, W.D. New York · 1915