Allison v. . Corn Exchange Ins. Co.
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the fourth judicial department, reversing a judgment in favor of the defendant entered upon the report of a referee and granting a new trial. This action was brought upon a policy of insurance.
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Appeal from order of the General Term of the Supreme Court in the fourth judicial department, reversing a judgment in favor of the defendant entered upon the report of a referee and granting a new trial. This action was brought upon a policy of insurance. By the policy the defendant insured Elizabeth F. Lewis, $2,000 upon the “ body, tackle, apparel and other furniture of the boat called the 1 A. Newcomb,’ ” of Oswego, from the 1st day of May, 1867, to the 1st day of May, 1868. The perils insured against were of the “ inland lakes, rivers, canals and fires.” The excepted perils are described…
1Opinion of the Court
Reynolds, C.
As the order of reversal does not state that the reversal proceeded from any error of fact by the referee, we can consider only questions of law resulting from the facts found.
The court below evidently considered the case one not free from difficulty, and so far, at least, we concur in their opinion. If it had not been for the ice the injury would not have happened, nor would it have occurred but for the presence of a large quantity of water in the Oswego river at the critical moment. The absence of either element, therefore, would probably have avoided the injury. We must, if it…
2Cases cited1 opinion
- Babcock v. Montgomery County Mutual InsuranceNew York Court of Appeals · 1850
3Cited by3 opinions
- Van Wickle v. Mechanics & Traders' InsuranceNew York Court of Appeals · 1884
- Lipshitz v. New Zealand InsuranceCourt of Appeals of Georgia · 1926
- Dwyer v. Providence Washington InsuranceCourt of Appeals of Georgia · 1957